Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12922 of 2016 Applicant :- Jeetesh @ Jeetesh Awasthi Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Shanker Audichya,Kamal Kaushal Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri J.S.Audichya,learned counsel for the applicant, Sri I.P.Srivastava, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that ten accused including the applicant were named in the FIR and general role of indiscriminate firing at the deceased has been assigned to them. He further submits that a countrymade pistol of 315 bore is said to have been recovered from possession of the applicant, which is a false recovery. The deceased has received two entry wounds on his person, i.e., one is of 12 bore countrymade pistol and other is of 315 bore countrymade pistol, which clearly shows that the the applicant has not caused any injury to the deceased. The prosecution witnesses are not appearing before the trial Court. The applicant is in jail since 21.1.2013.
Learned counsel for the complainant as well as learned AGA have vehemently opposed the prayer for bail submitted that the incident has taken place at 8.00 a.m., role of the applicant has already been distinguished while granting bail to the other co-accused persons and the recovery of 315 bore countrymade pistol from the possession of the applicant cannot be a ground for bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Devak involved in Case Crime No. 730 of 2009 under Section 364A I.P.C., police station Muradnagar, District Ghaziabad.
Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of eight months from the date of production of a certified copy of this order, if, there is no legal impediment.
Applicant is directed to produce a certified copy of this order before the trial Court concerned for its compliance.
Order Date :- 30.3.2018/NS