Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50038 of 2017 Applicant :- Awadhesh Kumar Tiwari Alias Bajrangi Alias Bajju Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Pande Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Brijesh Sahai, learned counsel for the applicant and Sri I.P. Srivastava, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is not named in the FIR and the informant of the case is also not the eye witness of the incident. It has been further contended that the information about the incident was given by the two alleged eye witnesses, namely, Satyam Dhuria and Pranshu Dhuria and when their statement under Section 164 Cr.P.C. was recorded they only stated that they came to know the name of the accused persons while they were calling each other by their respective names and the applicant has not been put for identification and his participation appears to be a suspicious one. The applicant is in jail since 31.10.2017.
Learned A.G.A. have vehemently opposed the prayer for bail and submitted that the incident took place at a dhaba and the two eye witnesses of the occurrence are the independent eye witness and they have confirmed the participation of the applicant in the present case alongwith the other co-accused. It has been further submitted that two gun shot wounds alonwith other injuries have been found on the body of the deceased.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Awadhesh Kumar Tiwari alias Bajrangi alias Bajju involved in Case Crime No. 293 of 2017 under Section 302/34 I.P.C., police station Civil Lines, District Allahabad.
Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of eight months from the date of production of a certified copy of this order, if, there is no legal impediment.
Order Date :- 28.2.2018 Deepika