Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30690 of 2018 Applicant :- Jay Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Kamlesh Kumar Dwivedi,Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Rajeev Chaddha
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the applicant; Sri Ajay Kumar Sharma, learned counsel for the informant as well as Sri Manoj Kumar Dwivedi, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Jay Prakash with a prayer to release him on bail in Case Crime No. - 131 of 2018, under Sections - 326, 302 IPC, Police Station - Dhaulana, District - Hapur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of murder, punishable with imprisonment upto life or death sentence;
(ii) against the FIR lodged on 17.4.2018, the applicant is in confinement;
4. Learned counsel for the applicant would submit that the entire prosecution story is concocted. The real dispute between the parties was with respect to some property dispute. However, on account of accidental death of Raj Kumar, the same has been converted into the allegation of murder in view of long standing civil dispute.
5. The above submission has been met by learned counsel for the informant who would submit that the pendency of the civil dispute apart, in the present case, there is dying declaration of the deceased Raj Kumar clearly implicating, amongst others, the present applicant. Also, it has been submitted, three witness of fact have already been examined and trial is proceeding.
6. Having heard learned counsel for the parties and having perused the record, it is true that the applicant has remained confined for very long. However, keeping in mind the direct allegation emerging against the applicant in light of the dying declaration, it is not a fit case for bail at this stage.
7. Accordingly the bail application is rejected.
8. However, it is expected that the trial court shall make best efforts to conclude the trial, as expeditiously as possible, keeping in mind the principle contained in Section 309 Cr.P.C.
Order Date :- 27.11.2019 Prakhar