Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19992 of 2018 Applicant :- Dhananjay Urf Kariya Chaudhary Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikarm Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today on behalf of the applicant is taken on record.
This is the first bail application filed by the applicant, Dhananjay @ Kariya Chaudhary for seeking bail in Case Crime No. 560 of 2014 under Sections 302 and 323 of the Indian Penal Code and also under Section 4/25 Arms Act, Police Station Bhawarkol, District Ghazipur.
Heard learned counsel for the applicant and learned learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against the applicant, Dhnanjay @ Kariya Chaudhary alleging that on 7th December, 2014 at 9:30 p.m. when the deceased was sleeping in the house of the first informant on a cot (chaarpayee), the applicant assaulted the deceased with Gandasa, he received eight injuries resultantly he died on the spot.
It is submitted by learned counsel for the applicant that the applicant has been languishing in jail since 10th December, 2014; he has been falsely implicated in the present case as there is no motive against the applicant, in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that specific role has been assigned to this accused and the chopper used in the incident was recovered at the pointing out of this accused. Eight incised wounds were found on the body of the deceased. The cause of death was shown because of coma as a result of antemortem head injuries. The applicant was named in the first information report. The first information report was lodged promptly. Therefore, the applicant may not be granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail.
Hence, the bail application of Dhananjay @ Kariya Chaudhary for seeking bail in Case Crime No. 560 of 2014 under Sections 302 and 323 of the Indian Penal Code and also under Section 4/25 Arms Act, Police Station Bhawarkol, District Ghazipur, is hereby rejected.
However, it is expected that trial Court shall decide the case expeditiously, preferably within one year according to Section 309 Cr.P.C.
Copy of this order be transmitted to the District Judge, Ghazipur for necessary compliance.
(Aniruddha Singh, J.) Order Date :- 28.5.2018 Sushil/-