Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20435 of 2018 Applicant :- Gopi Opposite Party :- State Of U.P.
Counsel for Applicant :- Alok Sharma Counsel for Opposite Party :- G.A.,Vidya Bhaskar Singh
Hon'ble Vivek Kumar Singh,J.
Supplementary counter affidavit filed on behalf of the State is taken on record.
Heard Sri Alok Sharma, learned counsel for the applicant, Sri V.B.Singh, learned counsel for the complainant and Sri Sanjay Singh, learned A.G.A. appearing for the State.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 573 of 2017, under Section 364 I.P.C., Police Station Katra, District Shahjahanpur.
Learned counsel for applicant submitted that the applicant is innocent he has falsely been implicated in the present case due to previous enmity. It is further submitted that the applicant has no concern with the alleged incident. It is also submitted that it is a case of last seen and the name of the applicant has been disclosed in the confessional statement of co-accused. The FIR is unduly delayed for more than 3 and half months for which no plausible explanation has been given by the prosecution.Earlier the applicant had also lodged report against the complainant and as such it is a case of counter blast.The applicant has no other reported criminal antecedence. Further submission is that applicant is in jail since 7.3.2018 and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer for bail and submitted that the victim has not yet been recovered dead or alive in spite of best efforts made by the police department.
After hearing the learned counsel for both the parties and learned A.G.A., and also after perusing the entire records as well as rejection order of the court below, this Court is of the opinion, that learned counsel for the applicant could not point out any good ground for grant of bail to the applicant.
Accordingly, the bail application filed on behalf of the applicant is hereby rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of six months from the date of production of certified copy of this order, if, there is no legal impediment.
Order Date :- 24.9.2018 IA