Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34777 of 2018 Applicant :- Arvind Opposite Party :- State Of U.P.
Counsel for Applicant :- Janmed Kumar Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Sri Abhijit Mishra, learned counsel for the complainant has filed vakalatnama which is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and the learned A.G.A. perused the record.
This bail application has been filed on behalf of the applicant involved in under Section 147, 148, 149, 323, 504, 506, 307, 302, 34 I.P.C., Police Station Kotwai, District Mainpuri arising out of case crime No. 1305 of 2017.
As per the prosecution case, seven nominated persons armed with fire arm caused fire arm injury to the deceased, resultantly, deceased succumbed to the injury; specific role of firing has been assigned to the applicant; assault weapon has been recovered on the pointing out of the applicant; injured witnesses have supported the prosecution case.
It is urged by learned counsel for the applicant that the prosecution witnesses have not supported the prosecution case; applicant is innocent, entitled to be enlarged on bail.
Learned A.G.A. and learned counsel for the complainant have opposed the prayer for bail submitting that the specific role of causing injury has been assigned to the applicant; it is not in public interest to enlarge the applicant on bail at this stage.
Considering the facts and circumstances of the case, I am not inclined to allow the bail application.
The bail application is, accordingly, rejected.
The trial Court is directed to expedite the trial and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order provided there is no other impediment.
Office is directed to send a certified copy of this order to the trial Court concerned for immediate compliance.
Order Date :- 14.9.2018 Saurabh