Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 134/2020, (S.T. No. 1445/2020), under Sections 323/302 IPC, police station Pachokahara, District Firozabad with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that first informant is not an eye witness of incident and that as per prosecution version alleged incident took place in front of the house of one Ramdayal but said Ramdayal has not been examined or cited as a prosecution witness. It was further submitted that in the alleged incident one Ranjana has also been shown injured but her statement has also not been recorded. Learned counsel has submitted that alleged recovery of knife shown from the applicant is false and baseless and that there is no independent witness of alleged recovery. It has further been argued that the applicant is in judicial custody since 19.05.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that first informant as well as other eye witnesses, namely, Bhura @ Sikandar and Smt. Raj Kumari have clearly stated that it was the applicant, who has given knife blow at the deceased. It was also submitted that the knife, used in the incident, has also been recovered at the instance of applicant. Learned counsel for the first informant has submitted that role of applicant has already been distinguished in the bail orders of co-accused Pradeep Kumar and Aedal Singh, copies of which have been produced and the same are taken on record.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Diesal @ Gopal is rejected.
However, keeping in view of the facts of the matter, learned Trial Court is directed to expedite the trial and to decide the same expeditiously as early as possible.
A copy of this order be forwarded to the concerned court below for necessary compliance.
Order Date :- 17.8.2021 Anand