Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3551 of 2015 Applicant :- Awanish Baranwal Opposite Party :- State Of U.P.
Counsel for Applicant :- K.A. Srivastava,Ashwini Kumar Awasthi,Maheep Singh,Manish Tiwary,Ravindra Kumar Yadav Counsel for Opposite Party :- Govt. Advocate,Anil Kumar Tiwari Hon'ble Ramesh Sinha,J.
Heard Sri A.K.Awasthi, learned counsel for the applicant, Sri Anil Kumar Tiwari,, learned counsel for the complainant, Sri G.P. Singh, 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 innocent and has been falsely implicated in the present case. He further submits that the informant is not the eye witness of the incident and the alleged eye witnesses of the incident have not seen the incident. The alleged incident has taken place in the night and there was no source of light. He next argued that the applicant is languishing in jail since 19.9.2014 and the trial has not yet been concluded.
Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer for bail and submitted that the applicant is the main shooter and the trial is at the verge of its completion.
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-Awanish Baranwal involved in Case Crime No.1097 of 2014, under Section 302 I.P.C., Police Station Kotwali, District Deoria.
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 three months from the date of production of a certified copy of this order, if, already not concluded.
Order Date :- 26.10.2018/NS