Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28571 of 2018
Applicant :- Faeem Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Shabbir,Mohd Shamim Khan Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 07 of 2017 (S.T. No. 483 of 2017), under Sections 452, 302, 307 I.P.C., P.S. C.B.
Ganj, District Bareilly.
Learned counsel for the applicant submits that though name of the applicant is mentioned in the dying declaration but there is no evidence against the applicant; son of the deceased on reaching the spot, put specific question to the deceased, she did not take name of the applicant; applicant is languishing in jail since 21.07.2017.
Learned AGA opposed the prayer for bail contending that in the dying declaration the deceased has taken the name of applicant and other accused who are involved in setting her ablaze; case of the applicant is distinguishable from co- accused Smt. Noore Najar @ Noori, who has been enlarged on bail by coordinate Bench of this Court vide order dated 21.2.2018 passed in Criminal Misc. Bail Application No. 6515 of 2018; it will not be in the interest of justice in case the applicant is enlarged on bail.
Considering the facts and circumstances of the case, I am not inclined to allow the bail application at this stage.
The bail application is, accordingly, rejected.
The trial Court is directed to expedite the trial and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order provided there is no other impediment.
Office is directed to send a certified copy of this order to the trial Court concerned for immediate compliance.
Order Date :- 31.7.2018 Mukesh Kr.