Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32702 of 2017 Applicant :- Chhote Lal @ Chhotu Diwakar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Srivastava,Dr. Akhilesh Kumar,Manish Kumar Dwivedi Counsel for Opposite Party :- G.A.,Ashish Goyal
Hon'ble Pritinker Diwaker,J.
Heard Dr. Akhilesh Kumar, learned counsel for the applicant, Sri Amit Sinha, learned A.G.A. for the State and Shri Ashish Goyal, learned counsel for the complainant.
This bail application has been filed by the applicant seeking enlargement on bail during the trial in Crime No. 289 of 2015, under Sections - 147, 148, 149, 307, 302, 120-B, 504, 506 of IPC, P.S-Lohamandi, Agra.
As per prosecution case, on 12.8.2015, applicant caused gun shot injury to Suhsil. Counsel for the applicant submits that apart from applicant, other accused persons have also caused injury and as such liability on the applicant alone cannot be fixed. He further submits that the applicant is languishing in jail since 28.8.2015.
On the other hand, opposing the bail application, it has been argued by the State counsel as well as counsel for the informant that the applicant is named in the FIR and the injured witness, brother of the deceased, has also supported the prosecution.
I have heard the parties and perused the record.
Considering the facts and circumstances of the case, at this stage, I am not inclined to release the appellant on bail.
The bail application is accordingly rejected. However, the trial court is directed to conclude the trial as expeditiously as possible, preferably within a period of six months from the next date of recording the statement. The applicant is obliged to produce a certified copy of this order before the court concerned.
Order Date :- 21.8.2019 nethra