Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24818 of 2019 Applicant :- Kallu @ Narendra Nat @ Mustkeem Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Murari Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Ms. Ladlee Pandey, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that on 9.4.2010 he killed brother of the complainant Jhagaru by shot fire. He died receiving three gun shot injuries and parts of the gun and two empty cartridges were recovered at the pointing out of the applicant.
Learned counsel for the applicant submitted that applicant has been falsely implicated in this case and he is languishing in jail since 23.8.2018 (eleven months) having no criminal history. The incident is of night. Nobody had seen the incident. There is no independent witness/eye witness account against the applicant. In case he is released on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is alone accused in this case and he killed the deceased brutally receiving three gun shot injuries of shot fire. Empty cartridges and parts of gun used in the crime were also recovered at the pointing out of the applicant. The applicant is absconder. He is not entitled for bail. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage in Case Crime No. 104 of 2010, under Section 302/404 I.P.C., Police Station Phoolpur, District Varanasi.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
D.M. & S.P./S.S.P,- Varanasi are directed to ensure the presence of the witnesses summoned before the court below.
Office is directed to send a copy of this order to the court concerned within three days for compliance.
Order Date :- 30.7.2019/OP