Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10486 of 2021 Applicant :- Gulshan @ Hajra Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Ali Imam,Jitendra Kumar Mishra,Lok Nath Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
By means of this application, the applicant who is involved in case crime no.274 of 2018, under Sections 302, 120B, 34 IPC, Police Station-Jarcha, District- Gautam Budh Nagar is seeking enlargement on bail during the trial.
A perusal of the material available on record shows that bail application of co- accused Ali Hasan bearing Criminal Misc. Bail Application No.55766 of 2019 has already been rejected by co-ordinate Bench of this Court on 19.12.2019. The contention is that the entire incident was witnessed by Sahil and Amir who vividly stated that his parents namely Ali Hasan and Smt. Gulshan has brutally assaulted his fufa(deceased). The deceased has sustained as many as 15 injuries over his person. There is an eye witness account of the incident. Though, learned counsel for the applicant submits that the informant has not supported the prosecution case as PW-1. Learned counsel for the applicant has unable to point out any law related to hostility of the witness. The applicant is languishing in jail since 09.11.2018.
Taking into account that bail application of co-accused Ali Hasan has already been rejected by co-ordinate Bench of this Court and the complicity of the applicant is clearly established in the commission of the offence, I am not inclined to exercise my discretionary power in favour of the applicant.
Accordingly, the present bail application stands REJECTED.
However, learned trial court is directed to gear up the matter and make every necessary endeavour to conclude the trial positively within a period of one year from the date of production of certified copy of this order.
Order Date :- 25.10.2021 Sumit S