Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11174 of 2018 Applicant :- Dinesh Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of Dinesh Verma in connection with Case Crime No. 1292 of 2017 under Sections 326A IPC, P.S. Baradari, District Bareilly.
Heard Sri Krishna Kumar Shukla, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA along with Sri Kulveer Singh, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that there are general allegations against all the accused most of whom have been exculpated by the police during investigation which shows that the entire prosecution is concocted; that the applicant has been implicated in the present crime under circumstances mentioned in paragraph no. 13 of the affidavit which do not make out any case against the applicant; and, that the applicant is a respectable man with no criminal history who is in jail since 18.12.2017.
Learned AGA has opposed the bail plea with the submission that the principle allegation of throwing acid upon the victim is against the applicant; that cause for assault is an unpaid debt of Rs. 8,50,000/- due to the victim's deceased brother-in-law; that a perusal of the medico legal report shows that grievous injury due to acid burn has been found; and, that assault by acid being a contemporary social menace is required to be curbed with a firm hand. As such, the applicant is not entitled to bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the fact that assault by throwing acid is a contemporary concern which has become a social menace but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
It is made clear that anything said in this order would not affect the case of either side on merits at the trial and the trial court would be absolutely free to record its own conclusion uninfluenced by anything said in this order on the basis of evidence led by the parties.
Accordingly, the bail application stands rejected at this stage.
Looking to the fact that the applicant is otherwise is responsible man with no criminal history who is in jail since 18.12.2017 as an under trial, it is directed that the case if not already committed shall be committed by the Magistrate concern within 15 days from the date of receipt of this order which shall be forwarded to the concerned Magistrate by the office forthwith through the CJM, Bareilly. The trial court upon committal of the case will proceed with the trial subject to all lawful rights of the accused claims discharge and conclude the same expeditiously within six months next in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar vs. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 28.3.2018 Deepak