Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7761 of 2021 Applicant :- Faizan Opposite Party :- State of U.P.
Counsel for Applicant :- Praveen Kumar Singh, Anurag Vajpeyi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant involved in Case Crime No.483 of 2015, under Section 302 IPC, P.S. Nakhasa, District Moradabad with the prayer to enlarge him on bail.
According to prosecution version, in the evening of 23.11.2015 while the brother of informant, namely Fahim (deceased) has demanded his money from applicant, he has threatened him and thereafter, on 24.11.2015, while deceased was coming along with informant and one Mazid, the applicant has fired a bullet at deceased and resultantly, deceased has sustained fire-arm injuries and died.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The allegations made in the FIR are false and baseless and that applicant has not participated in any such incident as alleged in the FIR. It was submitted that all the material prosecution witnesses have already been examined and that now applicant is languishing in jail since 25.11.2015 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that there are serious allegations against applicant. It was also stated that the case is at the stage of recording of statement under Section 313 Cr.P.C.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Faizan is hereby rejected.
However, keeping in view of period of incarceration of applicant and also considering the fact that the case is stated at the stage of recording of statement of accused under Section 313 Cr.P.C., trial court is directed to expedite the trial and to decide the same preferably within a period of six months from the date of filing a copy of this order, if there is no legal impediment.
Order Date :- 23.9.2021 Neeraj