Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46363 of 2019 Applicant :- Harish Opposite Party :- State of U.P.
Counsel for Applicant :- Abhitosh Mishra,Pushpendra Singh Counsel for Opposite Party :- G.A.,Amit Saxena
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Hemant Sharma, Advocate, holding brief of Shri Pushpendra Singh, learned counsel for the applicant; Shri R.K. Saxena, Advocate, holding brief of Shri Amit Saxena, learned counsel for the informant as well as Sri M.K. Dwivedi, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Harish with a prayer to release him on bail in Case Crime No. 0483 of 2019 under Section 307 IPC, Police Station - Sikandrabad, District - Bulandshahr during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to commit murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 10.06.2019, the applicant is in confinement since 12.06.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted;
(vi) as to prima facie case, it has been submitted by learned counsel for the applicant that the FIR has been lodged on a mere suspicion and even according to statement of the father of the victim recorded under Section 161 Cr.P.C., the FIR had been lodged on account of a previous incident for which the informant bore a grudge against the present applicant. Then, it has been submitted that statement of the victim had not been recorded during investigation, either under Section 161 Cr.P.C. or under Section 164 Cr.P.C. Thus, it has been submitted that the victim being major, in absence of her evidence, the applicant is being needlessly harassed.
6. Opposing the bail application, learned counsel for the informant and the learned AGA would submit that there is specific allegation made in the FIR and that the FIR version is found to be wholly corroborated during investigation, wherein the CCTV footage of the hotel where the victim had been found in an unconscious state was examined. It revealed that the present applicant and the victim had visited the hotel together but the applicant had left the hotel alone. Then, referring to the injury as also the doctor's statement and MRI report, it has been further submitted that the victim had lost her voice and her brain had got permanently damaged, for which reason her statement could not be recorded.
7. Having heard learned counsel for the parties and having perused the record, at present, the prosecution story is found to be wholly consistent with the case diary material. The offence alleged is quite grave and the manner in which the victim was found lying in a hotel abandoned by the present applicant with whom she was having prior relationship, the applicant does not warrant any indulgence.
8. Accordingly, the bail application is rejected.
9. However, keeping in mind the entire facts and circumstances of the case, it is expected that the trial court shall make efforts to conclude the trial, as expeditiously as possible, without allowing any undue or long adjournment to either parties, keeping in mind the principle contained in Section 309 Cr.P.C.
Order Date :- 17.12.2019 AHA