Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2279 of 2018 Applicant :- Kalu Khari Alias Savindar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Arvind Kumar Counsel for Opposite Party :- G.A.,Kapil Tyagi,Rahul Kumar Tyagi
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 738 of 2017, under Sections 147, 148, 149, 302, 120B IPC, P.S. Sector 39, District Gautam Budh Nagar.
As per prosecution version, seven named and three unnamed persons have been assigned the role of causing firearm injury upon the deceased; postmortem examination report reflects six firearm injury; applicant has been referred in the F.I.R. as Kalu Bhati; role assigned to the applicant is of conspiring by providing his vehicle in the commission of the offence; vehicle used in the crime has been seized.
Learned counsel for the applicant has disputed the identity of the applicant contending that the applicant is not known as Kalu Bhati but as Kalu Khari alias Savindar.
In the counter affidavit, it has been stated that applicant is known as Kalu Bhati and Kalu Khari alias Savindar is the same person.
In this backdrop, learned counsel for the informant and learned Additional Government Advocate opposed the prayer for bail and submit that specific role of firing has been assigned to the applicant; vehicle provided in the crime has been seized, which belongs to the applicant.
Considering the facts and circumstances of the case, I am not inclined to allow the bail application at this stage.
The bail application is, accordingly, rejected.
The trial Court is directed to expedite the trial and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order provided there is no other impediment.
Office is directed to send a certified copy of this order to the trial Court concerned for immediate compliance.
Order Date :- 24.8.2018 Mukesh Kr.