Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48272 of 2019 Applicant :- Lalla @ Lalla Prasad And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Akhileshwar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit filed today. Taken on record.
2. Heard Sri S.N. Srivastava and Sri Akhileshwar Mishra, learned counsel for the applicants; Sri Rakesh Pathak, learned counsel for the informant as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicants - Lalla @ Lalla Prasad and Lakkar @ Watan Shakya with a prayer to release them on bail in Case Crime No. - 950 of 2016, under Sections - 323, 504, 325, 452, 506 I.P.C., Police Station - Rohaniya, District - Varanasi, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of assault causing grievous hurt, criminal intimidation and other offences, punishable with imprisonment of 7 years;
(ii) against FIR lodged on 03.12.2016, the applicants are in confinement since 21.09.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) the applicants have no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis, only it may be noted, according to the applicants, no specific role has been assigned to any of the applicants and infact, old enmity has been given a colour in the present FIR allegation.
5. Opposing the aforesaid submission, learned counsel for the informant and learned AGA would submit that, looking at the nature of six fracture injuries suffered in the rib area, besides abrasion and contusion and keeping in mind the statement of the doctor as also the attending facts and circumstances, at present, the prosecution story is wholly consistent and corroborated.
6. Having heard learned counsel for the parties and having perused the record, at present, no case for bail is made out inasmuch as allegation is against applicants and others of having dragged the victim out of his shop to their home and beaten him brutally during day time. Therefore, the present bail application rejected. At the same time, the liberty of the applicants cannot be left in the lurch for an indefinite period of time.
7. In that regard, though the charge sheet was submitted on 28.01.2017, the applicants appear to have surrendered two and a half years thereafter, on 21.09.2019.
8. Accordingly, it is provided that the learned court below shall proceed in the case expeditiously so as to ensure that the proceedings for committal and framing of charge, if any, are completed as expeditiously as possible, preferably within a period of three months from today.
Order Date :- 27.11.2019 Abhilash