Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28580 of 2018 Applicant :- Kripal Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Shri V.P. Singh Kashyap, Advocate has filed his vakalatnama on behalf of the informant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 3 of 2018, under Sections 302 I.P.C. and 7 Criminal Law Amendment Act, P.S. Sunn Gadhi, District Kasganj.
As per prosecution case, applicant along with three others assaulted the deceased with indiscriminate firing and also beaten him with butt; all the accused persons are real brothers.
It is urged that the informant (P.W.-1) in his statement deviated from the prosecution version stating that apart from indiscriminate firing by all the accused, the deceased was assaulted by stone, brick and butts; presence of P.W.-1 on the spot becomes doubtful; applicant is entitled to be released on bail; applicant is languishing in jail since 25.01.2018.
Learned AGA and learned counsel appearing for the informant opposed the prayer for bail contending that allegation of firing has been assigned to all the accused persons; there is one firearm injury and several lacerated wounds, which may have been caused by firearm, which is to be gone into in trial; PW-1 has reiterated the prosecution case that all the four accused made firing indiscriminately; assault weapon has been recovered on the pointing out of 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 :- 31.7.2018 Mukesh Kr.