Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13029 of 2021 Applicant :- Jagdish @ Jaggu Jatav Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit, filed by learned A.G.A. today, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant involved in Case Crime No.75 of 2020, under Sections 302 IPC, P.S.Gangiri, District Aligarh with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Alleged incident has been shown of 8/9.05.2020 at 12.30 AM in the mid night and version of first informant that he has reached at the spot soon after the incident is not reliable. Regarding alleged statement of deceased, which has been recorded by Investigating Officer, it has been submitted that while he was in injured condition, he was admitted in the hospital on the same day and that it has been mentioned in the medico legal report of injured that there was loss of consciousness in the injured and thus, it is not possible that deceased might have made any statement to the Investigating Officer. Learned counsel has submitted that alleged dying declaration of deceased, is thoroughly doubtful. It has been further submitted that first informant has made supplementary statement, under Section 161 Cr.P.C., and that after one week one Jitendra was introduced as an eye-witness of alleged incident, whereas, in the FIR there was no such version and thus, the statement of said witness Jitendra is not reliable. Regarding recovery of alleged knife, it has been submitted that after incident, applicant has been present at his home and that recovery of one rusted knife was made from the house of applicant and there is nothing to show that it was having any blood stains. Learned counsel has submitted that there is no reliable evidence against applicant. It was further submitted that applicant is languishing in jail since 09.05.2020 and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A has opposed the prayer for bail and argued that applicant is named in FIR and that first informant has clearly stated that after hearing the noise, he has reached at the spot and deceased has told him that applicant has given knife blows at him. In the dying declaration of deceased also, the involvement of applicant has been shown and that recovery of knife used in the alleged incident has been made from possession of applicant.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Jagdish @ Jaggu Jatav is hereby rejected.
However, keeping in view of period of incarceration of applicant, trial court is directed to expedite the trial and to decide the same preferably within a period of one year from the date of filing a copy of this order, if there is no legal impediment.
Order Date :- 6.10.2021 Neeraj