Applicant- Govind Purwar seeks bail in Case Crime No. 181 of 2009, under Sections 307/34 IPC & 7 Criminal Law Amendment Act, Police Station Mutthi Ganj, District Allahabad.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the material placed on record.
It is contended on behalf of the applicant that as per FIR, the applicant has been assigned the role of firing and causing injuries to the injured but in the statement of injured as well as other alleged eye witnesses recorded under Section 161 Cr.P.C., co-accused as well as the applicant, both have been assigned specific role of firing, thus there is discrepancy in the FIR and in the statement recorded under Section 161 Cr.P.C. and for this reason the prosecution case cannot be relied upon. He further contends that the applicant is in jail since 7.9.2009 and the trial has not commenced and is likely to consume some more time to conclude, and there is no criminal history to his credit, thus he deserves to be released on bail.
On the other hand, learned A.G.A. opposed this bail application and contended that in the FIR as well as in the statement of the witnesses, the applicant has been assigned the specific role of firing. The incident is alleged to have been taken place in broad day light and prompt FIR was lodged. The medical evidence is in no way at a variance with the prosecution case, thus the applicant is not entitled to be relased on bail.
Submissions made by the learned counsel for the parties and having gone through the material placed on record, it would not be proper for this Court to discuss evidence and give reasoning for consideration of bail application as it would undoubtedly affect the trial. Thus, prayer for consideration of bail at this stage is declined and the application is hereby rejected, without expressing any opinion on merit of case.
However, taking into account that the applicant is in jail since 7.9.2009, the trial court is directed to expedite the trial and make an endeavour to conclude it expeditiously in consonance with the provision of Section 309 Cr. P.C. Both the parties are expected to co-operate in the trial and shall not seek unnecessary adjournment.
The office is directed to send the copy of this order immediately to the District & Sessions Judge/ Trial Court for intimation and necessary compliance.
Order Date :- 1.2.2010 Mt/