Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21280 of 2017 Applicant :- Bobby @ Digpal Opposite Party :- State of U.P. Counsel for Applicant :- Rohan Gupta Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant involved in Case Crime No.162 of 2016, under Sections 302, 201 and 506 I.P.C., Police Station-Bhawan Bahadur Nagar, District-Bulandshahar, with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. Learned counsel has submitted that the marriage of the deceased with the applicant has taken place in the year 1997 and before the incident which took place on 06.11.2016, there has been no complaint regarding any harassment of deceased. It has been further submitted that except statement of child witness namely, Akshay @ Sunny, there is no other eye witness and the said witness had also not stated that fire on deceased was made by applicant. It has further been submitted that the applicant is languishing in jail since 09.11.2016 and the trial has not been concluded so far. It is lastly submitted that the applicant has no criminal history and that in case, the he is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that the applicant is husband of deceased and there is allegation that he has committed murder of his wife by causing firearm injury.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Bobby @ Digpal is hereby rejected.
However, keeping in view the fact that the applicant is in judicial custody since last five years and trial has not been concluded so far, trial court is directed to expedite the trial and to decide the same preferably within a period of six months from the date of receipt of copy of this order, if there is no legal impediment.
Office is directed to send a copy of this order to the court concerned for necessary compliance.
Order Date :- 16.12.2021 SK Goswami