Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40588 of 2021 Applicant :- Dhara Singh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Mahesh Kumar,Firdos Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant and Shri Rajeshwar Singh, learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of the applicant seeking bail in Case Crime No.209 of 2014, under Sections 302/34 I.P.C., Police Station Pipri, District Kaushambi.
Facts in brief are that on 25.06.2014 at about 6:00 p.m deceased Surendra @ Dhangu was coming back to the house from atta chakki. He fell down on the ground as his by-cycle slipped. In the meantime applicant and his two sons began to laugh. On objection they started abusing and when objected by deceased applicant said to his sons to bring gun from the house. On this Sumit went to the house and came back with gun and handed over to the applicant who made fire on Surendra causing injury on his abdomen and again he made a fire on Omprakash. Surendra died on the spot and Omprakash also got injury.
It is submitted that the applicant is innocent and he has committed no offence. There is no evidence against him on record. Co-accused have already been granted bail. He is in jail since 30.06.2014. It is further submitted that before trial court four prosecution witnesses have been examined. Trial is not possible to be concluded soon, therefore, requested for bail. It is also submitted that this incident took place all of sudden without any pre-mediation.
Learned A.G.A. opposed the prayer for bail and urged that in this case witnesses of fact have been examined. Only formal witnesses are to be examined. In this way trial will not take much time to conclude, therefore, there is no ground to enlarge the applicant on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence and the fact that witnesses of fact have already been examined before the trial court only formal witnesses are remaining, conclusion of trial will not take much time and without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case for bail.
Accordingly, the bail application is, hereby, rejected with direction to the learned trial court to conclude the trial expeditiously, possibly within 6 months from the date of production of certified copy of this order.
Order Date :- 17.12.2021 PS