Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34598 of 2015 Applicant :- Kanchan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- Govt. Advocate
Hon'ble Shashi Kant Gupta,J.
This application has been filed with a prayer to release the applicant on bail in Case Crime No. 86 of 2014, under Sections 323 & 302 IPC, P.S. Gunnour, District Budaun.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that there is no cogent evidence against the applicant connecting him with the alleged offence. He further submits that the applicant has not committed the offence as alleged by the prosecution and the present prosecution has been launched maliciously just to harass, victimise and exert undue pressure on him. He further submits that there is no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is in jail since 25.3.2014.
Per contra, learned AGA submitted that the applicant is the main accused and specific role has been assigned to the applicant of causing murder of the deceased. Moreso, the weapon of offence was recovered from his possession. He further submitted that the FIR as well as the testimony of the informant fully corroborates the prosecution story.
In view of the above, no case for bail is made out. The prayer for bail is declined and the bail application is rejected. However, the learned lower court is directed to expedite the trial and conclude the same expeditiously.
Order Date :- 28.3.2018 vinay