Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11444 of 2018 Applicant :- Jogendra Opposite Party :- State Of U.P. Counsel for Applicant :- Bimla Prasad Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 297 of 2017, under Section 302 IPC, P.S. Garhmukteshwar, District Hapur, is seeking enlargement on bail during the trial.
Considering the fact that the FIR was lodged against unknown person but during investigation in 161 Cr.P.C. statement of Sangeeta wife of Jogendra has attributed the role of firing to the deceased to her own husband. It is submitted that there is direct motive of killing to Jogendra the present applicant. Smt. Sangeeta is most natural witness of the incident, who is making this statement implicating her own husband. The post mortem fully corroborate the prosecution version and there recovery of tamancha at the pointing out of applicant after 25 days of the incident, the applicant is not entitled to be enlarged on bail at this stage. The bail application of the applicant is hereby rejected.
However considering the peculiar facts and circumstances of the case the trial court is directed to conclude the trial of the applicant within a period of one year from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties provided the applicant fully cooperate in early disposal of the trial.
Order Date :- 30.3.2018/Abhishek Sri.