Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13348 of 2016 Applicant :- Javed @ Javid Opposite Party :- State Of U.P.
Counsel for Applicant :- Shadab Ali,Ratnesh Kumar Tiwari,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A. G. A. for the State and perused the material brought on record.
By means of this application, the applicant who is involved in Case Crime No. 177 of 2015, under Section-302 I. P. C., P. S.-Kurhfatehgarh, district-Sambhal.
It has been submitted by learned counsel for the applicant that the F. I. R. of the incident which had taken place on 30.8.2015 at about 8.00 A. M. in which the applicant along with co-accused Nanhey, Jiyabul Haq and Kamrul Haq had allegedly beaten the deceased Sabir Ali with kicks and fists causing serious internal injuries, has been lodged by his wife on the basis of the eye-witness account narrated to her by her son Junaid. He has next submitted that on the basis of entire allegation made in the F. I. R., the offence, if any, does not travel beyond Section 304 I. P. C., as admittedly none of the accused was armed with deadly weapons and the incident was neither pre-planned nor premeditated but was a result of sudden provocation. He has further submitted that the so-called witness of the occurrence has not been nominated as a witness in the charge- sheet and in view of the above, there is absolutely no evidence on record, even prima facie indicating at the complicity of the applicant in the commission of the alleged crime and it is apparent that he has been falsely implicated in the present case due to previous enmity. He has lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 24.11.2015, is entitled to be enlarged on bail.
Per contra, learned A. G. A. has submitted that the prosecution case as spelt out in the F. I. R. stands fully corroborated from the post mortem report of the deceased, which indicates that he died due to haemorrhage and shock due to ante mortem internal injuries as the deceased's ribs nos. 2 to 8 were found fractured, hence he is not entitled to be released on bail.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, I am not inclined to enlarge the applicant on bail.
Hence, the prayer for bail is refused.
However, considering the peculiar facts and circumstances of the case, the trial Court is directed to conclude the trial of the aforementioned case as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Subject to above directions, this bail application is disposed of finally.
Order Date :- 23.8.2018 / HR