Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31896 of 2018 Applicant :- Brijendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava,Deepanshu Shrivastava 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, applicant along with other co-accused persons have been assigned the role of causing injury by sharp weapon (axe); postmortem report reflects seven incised injuries; the injured witness in his statement has assigned the role of causing injury by axe to the applicant; the other witnesses in the statement under Section 161 Cr.P.C. have specifically named the applicant; recovery of the assault weapon has been made from the applicant.
Learned counsel for the applicant submits that the applicant is languishing in jail since 3.4.2017, hence the applicant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that the role of the applicant is distinguishable from the other co-accused persons, who have been assigned the role of assaulting the deceased with Lathi and Danda; postmortem report corroborates the prosecution case and is supported by the prosecution witnesses; 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 Brijendra involved in Case Crime No. 57 of 2017, under Sections 147, 148, 149, 302, 307 IPC, P.S. Uldan, District Jhansi.
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 on day to day basis 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 :- 24.8.2018 S.Prakash