Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42592 of 2018 Applicant :- Kanha @ Devi Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Mr Kuldeep Singh Chahar, learned counsel for the applicant and Mr Amit Sinha, learned AGA for the State as well as perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, seeking enlargement on bail during trial in connection with Crime No.822 of 2017 under Sections 396/412 of IPC, Police Station Hathras Gate, District Hathras.
Counsel for the applicant submits that there is no legally admissible evidence against the applicant except the fact that two co-accused persons have named him. He argues that only one club has been seized from the possession of the applicant, but the said club has not been used in commission of offence. He further submits that against the applicant as many as ten cases have been shown to be registered and out of these ten cases, in four he has been released on bail and in five he has not been charge-sheeted. Lastly, it has been argued that the applicant is 19 years of age and is in detention since 12.10.2017.
On the other hand, opposing the bail application, it has been argued by learned State Counsel that considering the criminal history of the applicant, where ten cases have been registered against him, he is not entitled for bail. He further submits that out of all accused persons, one was having club and test identification parade can be conducted at any time. He further submits that till date none of the co-accused has been granted bail.
Considering the facts and circumstances of the case, in particular, the fact that a day light murder has been committed, I am not inclined to release the applicant on bail, at this stage. The bail application is, accordingly, rejected. However, the applicant would be at liberty to revive his bail application after one year in case there is no substantial progress in the trial.
In the meanwhile, trial Court is directed to make all endeavour for early disposal of the trial.
Order Date :- 29.5.2019 RKK/-