Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8049 of 2018 Applicant :- Kuldeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 1579 of 2017, under Section 302 IPC, P.S. Sindhauli, District- Shahjahanpur is seeking enlargement on bail during the trial.
It is contended by the learned counsel for the applicant that the applicant is named in the FIR. During police investigation police has found that Mhipal, who is the father of the applicant also involved in the commission of crime. In this unfortunate incident the Ramsudhar (14) was taken away by both the accused persons and killed him. The dead body was hanging in the grove by the Dupatta. The postmortem report reveals that the deceased has sustained ligature mark around his neck and the cause of death is asphyxia as a result of antemortem strangulation. It is further contended by the counsel for the applicant that there is no eye witness account of the incident. The case is of circumstantial evidence. In the Statement of Smt. Vimla Devi recorded under section 161 Cr.P.C. stated that around 4:00 p.m. the deceased was taken away by the applicant and other co-accused persons and killed by them. The deceased was last seen with the applicant and other co-accused persons.
Under the circumstances, I do not find any good reason to grant indulgence to the applicant. Thus, the bail application stands rejected.
It is expected from the learned trial Judge to gear up the trial and try to conclude the same within a period of one year. It is directed that the applicant would render all necessary co-operation in early conclusion of the trial.
Let a copy of this order may be served by the office to the court concern within 15 days from the production of certified copy of this order.
Order Date :- 28.2.2018 Nisha