Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26608 of 2017 Applicant :- Jitu Alias Jitendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Jai Prakash Singh, the learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been filed by the applicant Jitu @ Jitendra Singh seeking his enlargement on bail in Case Crime No. 1904 of 2016, under Section 302 I.P.C., Police Station Katra, District Shahjahanpur, during the pendency of the trial in the above mentioned case crime number.
From the perusal of the first information report dated 2nd November, 2016 of the above mentioned case crime number, it is apparent that the applicant has been assigned the main role of firing on account of which the deceased, namely, Jasvir died on 2nd November, 2016.
Learned counsel for the applicant submits that no motive has been assigned to the applicant for the commission of the alleged crime. He further submits that the applicant is quite innocent. He has not committed any offence. He has been falsely implicated in the present case. The allegations made against the applicant are false, forged and baseless. There is no eye-witnesses or independent witness. There is only circumstantial evidence. He is in jail since 18th November, 2016 having no criminal antecedents to his credit except the present one. He, therefore, submits that the applicant is entitled to be released on bail.
Per contra, the learned A.G.A. has opposed the present application for bail. He invited the attention of the Court to the first information report dated 2nd November, 2016 of the above mentioned case crime number, wherein a clear allegation has been made against the applicant of firing on account of which the deceased died. He, therefore, submits that no case for bail of the applicant is made out and consequently, the bail application of the applicant is liable to be rejected.
In view of the facts as noted herein above and upon consideration of the submissions made by the learned counsel for the applicant and the learned A.G.A. as well as the complicity of the accused-applicant and also upon perusal of the material on the record, I do not find any good reason to grant indulgence to the present applicant.
Accordingly, the bail application of the applicant is rejected.
However, the trial court is expected to gear up the trial of the aforesaid case and conclude the same within a period of on year from the date of production of a certified copy of this order, in accordance with law, without granting any unnecessary adjournment to either of the parties, provided the applicant fully cooperates in conclusion of the trial, if there is no other legal impediment.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
(Rajeev Misra, J.) Order Date :- 26.10.2018 Sushil/-