Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31513 of 2018 Applicant :- Kishan Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A.,Azad Khan
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against unknown person alleging that on 16.10.2017 Khacher Khan @ Raju was killed by shooting at him and Rs.8,86,000/- was looted. Later on, names of four persons Bhoorey, Ajay, Kishan and Kalua were surfaced and it was found that Bhoorey killed the deceased. Rs.2,00,000/- was recovered from the possession of Kishan and Rs.2,06,700/- and one countrymade pistol was recovered from the possession of Ajay.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 18.10.2017(more than one year and ten months). Criminal history of two cases have been explained. He has been falsely implicated. No identification parade of person or property was conducted. Co-accused Kalua @ Jai Dev has been enlarged on bail by co-ordinate Bench of this Court on 30.11.2018 in Criminal Misc. Bail Application No. 14594 of 2018. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA opposed and submitted that case of the applicant is not identical to Kalua and in the bail order of Kalua, case of the Kalua was distinguished from Bhurey, Ajay and Kishan by the Court. Rs.2,00,000/- looted in the incident was recovered from the possession of applicant. He has criminal history of two cases including under section 307 IPC. Hence, the applicant is not entitled to bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case and the view taken by the Apex Court vide order dated 23.8.2018 passed in the case of Criminal Appeal No. 1054 of 2018 Sudha Singh vs. State of U.P. (arising out of SLP (Crl.)No. 1208 of 2018), this Court is of the opinion that the applicant is not entitled to bail.
The bail application of applicant Kishan Yadav involved in Case Crime No.765 of 2017, under Section 394, 302, 411, 120-B IPC, Police Station Sikandrarau, District Hathras is hereby rejected.
Court concerned is directed to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
SP/SSP, Hathras and District Magistrate, Hathras are directed to ensure presence of witnesses summoned by the Court concerned.
It is very unfortunate that the applicant is languishing in jail since 18.10.2017(more than one year and ten months) but the trial has not concluded the trial till date. Court concerned is also directed to send quarterly status report to the High Court which shall be kept on record.
Let copy of this order be sent to the SP/SSP, Hathras, District Magistrate, Hathras and the Court concerned within a week by fax, e-mail and speed post for compliance.
Order Date :- 22.8.2019 P.P.