Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1669 of 2019 Applicant :- Kapil Opposite Party :- State Of U.P.
Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
In compliance of the order dated 16.1.2019, report of Presiding Officer, Sri Abid Shamim, learned Additional District and Sessions Judge/F.T.C. No.2, Baghpat dated 13.2.2019 has been received stating therein that no statement of witnesses was recorded till date and summon was issued to three witnesses.
It appears that Police department is not taking proper interest to produce the witnesses before the court.
Learned counsel for the applicant submitted that applicant is languishing in jail since 17.8.2018 (about one year).
Call for a fresh status report in Case Crime No. 251 of 2016, under Sections 147, 148, 149, 302 IPC., Police Station Doghat, District Baghpat from the court concerned through learned District Judge, Baghpat about the present position/status of present case. Report be submitted through learned District Judge on or before 8.11.2019.
D.M. & S.P./S.S.P,- Baghpat are directed to ensure the presence of the witnesses summoned before the court below.
It is expected from the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. because the accused- applicant is languishing in jail more than two years.
List in the week commencing 11.11.2019.
Office is directed to send a copy of this order through FAX, e-mail and speed post within three days to court concerned through learned District Judge, Baghpat as well as D.M. & S.P./S.S.P., Baghpat for necessary compliance.
Order Date :- 31.7.2019 OP