Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45317 of 2019 Applicant :- Lokendra Singh @ Loke Baba Opposite Party :- State of U.P. Counsel for Applicant :- Durga Prasad Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Durga Prasad, learned counsel for the applicant; as well as Sri Abhishek Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Lokendra Singh @ Loke Baba with a prayer to release him on bail in Case Crime No. - 92 of 2018, under Sections -307, 452, 504, 506 I.P.C., Police Station - Majhgwan, District - Hamirpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder, criminal intimidation and other offences, punishable with imprisonment of ten years;
(ii) against FIR lodged on 24.10.2018, the applicant is in confinement since then;
(iii) the applicant claims to have cooperated in the investigation;
(iv) as far as criminal criminal history is concerned, it is seen, that the applicant has earlier been accused of offences causing grievous hurt wherein he is facing trial;
(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, that though according to the learned counsel for the applicant, the injuries are simple in nature and not life threatening, however, upon reading the FIR allegation as also the statement of the 70 years old victim lady, the allegation is that the applicant has assaulted the old lady with trident (bhalla). At present, such allegation in the FIR appears to have been supported by an injury report as well. All other submission as has been advanced by learned counsel for the applicant arising from the supplementary injury report may be considered before the trial court at an appropriate stage.
4. In such circumstances, the bail application is rejected. However, it is observed that the applicant cannot be continued in confinement for an indefinite period, inasmuch as, though the chargesheet appears to have been submitted almost an year ago, the case is not shown to have yet committed for trial.
5. Thus, it is expected that the learned courts below may take up the matter with expedition both for the consideration of committal, as also, for framing of charge, if any, so that such stage of proceeding may be completed within a period of four months from today.
Order Date :- 26.11.2019 S.Chaurasia