Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29207 of 2015 Applicant :- Gaya Prasad Opposite Party :- State Of U.P.
Counsel for Applicant :- R.P. Tiwari Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajul Bhargava,J.
Heard Sri R.P. Tiwari, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Gaya Prasad seeks bail in Case Crime No. 409 of 2014, under Sections 302, 201 I.P.C. and Section 66 of I.T. Act, Police Station- Syana, District- Bulandshahar.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the first informant. It is further submitted that there is no eye-witness account and nothing incriminating has been recovered from the applicant except false recovery of mobile phone shown by the police from his possession. Thus, the applicant, who is in jail since 30.1.2015, is entitled to be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail.
Considering the facts and circumstances of the case that the applicant is involved in the murder of the deceased, Shama Parveen with whom the applicant is stated to have illicit relations and she was carrying pregnancy. During investigation, sufficient evidence implicating the applicant has been collected by way of call detail reports and others. In view of it, I do not find it to be a fit case to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 30.1.2015, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of four months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 21.1.2019 Vikas