Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1082 of 2019 Applicant :- Lalmani Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sugendra Kumar Yadav,Anand Prakash Srivastava Counsel for Opposite Party :- G.A.,Pulak Ganguly Hon'ble Aniruddha Singh,J.
Heard Sri K.N. Mishra, Advocate holding brief of Sri Sugendra Kumar Yadav, learned counsel for the applicant, Sri Hari Pratap Gupta, learned A.G.A. for the State, Sri Pulak Ganguly, learned counsel for the complainant and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely Lalmani Yadav, Radheshyam Yadav, Vikash Yadav, Nitesh Yadav, Smt. Sumitra Devi and Shyamdulari Devi alleging that on 27.8.2018 they assaulted Ramshringar with lathi-danda and Lalmani assaulted with bricks on the head of deceased, he received head injury resultantly died. All witnesses have stated that the applicant had main role to kill the deceased.
Learned counsel for the applicant submitted that applicant is a handicapped person and is languishing in jail since 27.8.2018 (about one year) having no criminal history. There is no possibility to get this case decided in near future due to heavy workload in the trial court. In case he is released on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is main accused and all witnesses have stated that applicant is main accused and he killed the deceased by assaulting bricks. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage in Case Crime No. 132 of 2018, under Sections 147, 149, 323, 324, 336, 504, 302 I.P.C., Police Station Bhaluwani, District Deoria.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
D.M. & S.P./S.S.P,- Deoria are directed to ensure the presence of the witnesses summoned before the court below.
The court concerned is also directed to send a detail report after every three months showing the reason therein why the case is not being decided, which shall be kept on record.
Office is directed to send a copy of this order to D.M. & S.P./S.S.P,-Deoria as well as to the court concerned within three days for compliance.
Order Date :- 21.8.2019/OP