Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1866 of 2018 Applicant :- Lavkush Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Learned counsel for the applicant and learned A.G.A. have filed supplementary and counter affidavits which are taken on record.
Heard learned counsel for the applicant and the learned A.G.A. perused the record.
This bail application has been filed on behalf of the applicant involved under Sections 302, 323, 506 I.P.C., Police Station Refinery, District Mathura arising out of case crime No. 163 of 2017.
As per the prosecution case, altercation took place between deceased and other accused persons including the applicant; deceased was assaulted with lathi-danda and hockey by the accused persons including the applicant. Learned counsel for the applicant submits that the applicant is innocent and languishing in jail since 2.4.2017.
Learned A.G.A. has opposed the prayer for bail submitting that the postmortem examination report supports the prosecution case; witness has assigned the role of assault to the applicant; assault weapon has been recovered on the pointing out of the applicant; it is not in public interest to enlarge the applicant on bail at this stage.
Considering the facts and circumstances of the case, I am not inclined to allow the bail application.
The bail application is, accordingly, rejected.
The trial Court is directed to expedite the trial and conclude the same expeditiously within six months 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 :- 23.8.2018 Saurabh