Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12246 of 2016 Applicant :- Hansraj Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Praveen Kumar Srivastava,Brajesh Kumar Solanki,Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No.351 of 2015 u/s 302 IPC and 3(2)(5) SC/ST Act PS Koraon District Allahabad.
I have perused the statement of witness Bhola Pal and statement of witness Nadeem which are consistent and which are in the nature of last seen. Further the body was recovered from the place where the applicant was seen in the company of the deceased.
Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected at this stage.
However, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded within one year from the date of production of certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 28.3.2018 SP