Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33606 of 2018 Applicant :- Gaurav Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Bahadur Maurya Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, Mohd. Imran Khan, learned counsel appearing for the informant and learned A.G.A. for the State and perused the record.
As per the prosecution case, son of the informant while driving motorcycle was assaulted by some unknown persons; resultantly, succumbed to injury; an FIR was lodged against unknown persons; during investigation name of the applicant and co-accused Sonu Sharma @ Satendra Kumar surfaced.
Learned counsel for the applicant claims parity with co-accused Sonu Sharma @ Satendra Kumar, who has been enlarged on bail and submits that the applicant is languishing in jail since 30.11.2016, hence the applicant may be released on bail.
Learned A.G.A. and learned counsel for the informant has vehemently opposed the prayer for bail contending that role of applicant is distinguishable from the role of co-accused Sonu Sharma @ Satendra Kumar as specific role of causing gun shot injury to the deceased is assigned to the applicant; postmortem report shows single gun shot injury and supports the prosecution version; applicant himself confessed his involvement in the commission of offence by causing gun shot injury to the deceased; it is not in public interest to enlarge the applicant on bail at this stage.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Gaurav involved in Case Crime No. 321 of 2016, under Sections 302 IPC, P.S. Bhot, District Rampur.
Accordingly, the bail application is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 5.9.2018 S.Prakash