Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14124 of 2018 Applicant :- Hoshiyar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar,Amit Kumar Srivastava, Pravin Kumar,Ramesh Kumar Mishra Counsel for Opposite Party :- G.A.,Arun Kumar
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed in Court today, is taken on record.
Heard leaned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State-respondents and perused the material brought on record.
The present bail application has been filed by the applicant in case crime No. 0152/2017, under Section 302 IPC, police station Allau, District Mainpuri with the prayer to enlarge the applicant on bail.
As per FIR on 05.07.2017, when the applicant was taking away his sister (deceased) on motorcycle, one Gandhan alias Shailesh tried to take the deceased and when objected, he committed her murder by firing at her. However, during investigation, it was found that applicant himself has committed murder of deceased and falsely named alleged Gandhan alias Shailesh in the FIR.
It has been argued by learned counsel for the applicant that the applicant was complainant of the case and that on the basis of highly inimical and partisan witnesses, he was made accused in this case. The alleged eye witnesses are members of one family and they all are interested and chance witnesses and that there are no reasons for their presence at the alleged spot. It has been submitted that earlier alleged Gandan alias Shailesh, named in the FIR, has enticed away the deceased and in that regard a report was lodged against him and that he has committed murder of the deceased. It was argued that there is no reliable evidence against the applicant and that the applicant is stated to be in judicial custody since 13.07.2017, having no criminal history.
Learned A.G.A. has opposed the bail and argued that the four eye witnesses have made statements to the effect that it was applicant, who has committed the murder of his sister by firing at her. It was also submitted that the credibility of these eye witnesses cannot be judged at this stage.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence and severity of the punishment and also considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application is rejected.
However, keeping in view the period of detention of the applicant, learned Trial Court is directed to expedite the trial and to decide the same preferably within a period of six months from the date of production of certified copy of this order.
A copy of this order be forwarded to the concerned court below for necessary compliance.
Order Date :- 21.8.2019 Anand