0Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31207 of 2016 Applicant :- Himanshu Sahu @ Kukku Opposite Party :- State Of U.P.
Counsel for Applicant :- Prem Shanker Mishra,Abhishek Mayank,Chandra Bhushan Mishra Counsel for Opposite Party :- G.A.,Abrar Ahmad
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.176 of 2015 u/s 302, 504 IPC PS Mutthiganj District Allahabad.
Perusal of the record shows that applicant has been named in the FIR and specific role of firing has been assigned to him. Eye witness account is also present. It is a day light incident.
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 at this stage.
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.
Order Date :- 6.9.2018 SP