Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44979 of 2019 Applicant :- Gaurav Opposite Party :- State of U.P.
Counsel for Applicant :- Gautam,Manoj Kumar Singh,Mohd. Shamim,Ramesh Chand Yadav Counsel for Opposite Party :- G.A.,Rajesh Kumar Yadav
Hon'ble Deepak Verma,J.
Heard Sri Gautam, learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This is second bail application. The first bail application was rejected by Hon'ble Ramesh Sinha, J. on 01.11.2018 in Criminal Misc. Bail Application No.40626 of 2018 with direction to trial court to expedite the trial of the case and conclude the same within preferably a period of eight months from the date of production of certified copy of the order. After lapse of time the applicant has filed present second bail application.
This second bail application has been filed with a prayer to release the applicant on bail in Case Crime No.72 of 2018, registered under Sections 147, 148, 149, 302/34, 120-B I.P.C., Police Station Ghiror, District Mainpuri during pendency of the trial.
Learned counsel for the informant submits that the present bail application has been filed having no fresh facts and grounds and trial is about to conclude, as such, no interference is required by this Hon'ble Court.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been intentionally dragged in the present case. The applicant is languishing in jail since 10.09.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Per contra, learned A.G.A. vehemently opposed the bail prayer of the applicant and submits that the applicant is named in the FIR and direct evidence is against the applicant, as such, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties and looking to seriousness and gravity of offence, evidence, complicity of the accused, I do not find it is a fit case for bail to the applicant.
Accordingly, the bail application of the applicant-Gaurav, involved in Case Crime No.72 of 2018, registered under Sections 147, 148, 149, 302/34, 120-B I.P.C., Police Station Ghiror, District Mainpuri is hereby rejected at this stage.
However, the trial court is directed to decide the trial of the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment.
Order Date :- 20.12.2021 Nitin Verma