Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44212 of 2018 Applicant :- Dinesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.,Mahesh Sharma
Hon'ble Rajiv Gupta,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, the learned AGA for the State and perused the record.
This application has been filed seeking prayer for bail on behalf of applicant- Dinesh, involved in Case Crime No. 218 of 2018, under Sections 147, 148, 149, 323, 504, 506, 308 IPC, P.S. Ram Ghat, District- Bulandshahr.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that applicant is in jail since 1.9.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has vehemently opposed the prayer for bail and has drawn the attention of the Court to the statement of victim- Manoj in which he has categorically stated that the applicant- Dinesh had given 2- 3 knife blows in his abdomen causing serious injury to him.
From the injury report of Manoj, it is evident he has suffered two incised wounds on his abdomen, which are said to have been caused by the applicant- Dinesh.
Keeping in view the specific allegations made against the applicant and severity of offence, I do not find it to be a fit case for bail. The bail application is, accordingly, rejected.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 20.12.2018 KU