Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25778 of 2018 Applicant :- Bheem Gond Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Maurya Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
As per the prosecution case, assault was caused on the body of the of the husband of the informant by the applicant, causing injury on neck and back, resultantly, the deceased succumbed to his injuries; informant is the eye-witness to the incident; postmortem report reflects incised injuries; the assault weapon has been recovered on the pointing out of the applicant.
Learned counsel for the applicant submits that the applicant is languishing in jail since 12.12.2017, hence the applicant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that role of assault has been specifically assigned to the applicant by the wife of the deceased, who is the eye- witness to the incident; assault weapon has been recovered on the pointing out of the applicant; it is not in public interest to enlarge the applicant on bail at this stage.
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 Bheem Gond involved in Case Crime No. 145 of 2017, under Sections 304, 504 IPC, P.S. Raunapar District Azamgarh.
Accordingly, the bail application is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 23.8.2018 S.Prakash