Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15040 of 2019 Applicant :- Girijesh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari,Bishram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Santosh Kumar Tiwari, learned counsel for the applicant and the learned A.G.A. Perused the record.
This is the first bail application filed on behalf of applicant, Girijesh Yadav, for enlarging him on bail in Case Crime No.212 of 2018, under Section 304 I.P.C. , Police Station Ghughuli, District Maharajganj.
As per F.I.R., on 7 / 8.8.2018, the informant received a call that some quarrel was going on between her daughter and son-in- law / applicant. Thereafter informant alongwith his son namely Dinesh Yadav reached there and trying to sort out the matter. In between at about 1.00 A.M. applicant hit her daughter by iron rod due to which her daughter received grievous injury and during preparation for treatment, she died. Thereafter on 8.8.2018 the informant lodged an F.I.R. against the applicant as Case Crime No. 212 of 2018, under Section 304 I.P.C. at Police Station- Ghughuli, District Maharajganj.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case due to malafide and ulterior motive; that five witnesses have been examined in this case but none of them support the prosecution version and declared hostile; that applicant is a truck driver and he was not present at the time of the incident in the village. He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 9.8.2018 having no criminal history except this one.
Learned A.G.A. has opposed the prayer of the applicant for bail submitting that allegation levelled against the applicant is serious in nature. He further submitted that deceased was brutally murdered by hitting an iron rod by the applicant and it is a heinous offence, therefore applicant should be released on bail.
Considering the facts and circumstances of the case as well as having heard both the parties, this Court does not consider it appropriate to grant bail to the applicant, and therefore, without expressing any opinion on merits, the bail application is rejected.
However, it is observed that the trial court would endeavour to conclude the trial, expeditiously, without entertaining any unnecessary adjournments from either sides, within a period of three months from the date of production of a certified copy of this order.
It is made clear that if the witnesses or the other accused, if on bail, are not cooperating in the conclusion of the trial then the trial court shall take coercive steps against them to ensure their presence for completion of the trial.
Let a copy of this order be sent to the trial court concerned through the Registry of this Court.
Order Date :- 28.11.2019 Vibha Singh