Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28630 of 2019 Applicant :- Maan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against Maan Singh, uncle of the complainant, Archna, daughter of uncle and Sonu Sogvansi @ Sudhir Singh alleging that on 27.11.2017 at 9:00 A.M. they killed Saurav Singh, husband of the complainant. He died receiving one gun shot injury on chest. During investigation, gun used in the crime with cartridges were recovered at the pointing out of the applicant.
Learned counsel for the applicant submitted that applicant has been falsely implicated in this case. The applicant is 76 years of old and is languishing in jail since 28.11.2017 (one year and nine months) having seven cases of criminal history including 302 and 395 I.P.C. There is no possibility to get this case decided in near future due to heavy load work in the trial court. According to site-plan, witnesses had not seen the incident and to grab the property of the deceased, false F.I.R was lodged against the applicant to oust from the property. There is no independent witness against the applicant. 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 he shot fire on the deceased and gun used in the crime was also recovered at the pointing out of the applicant. There is no chance of false implication. He is family member of the deceased. 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. 182 of 2017, S.T. No. 55 of 2018, under Section 452, 302, 504, 120B, 201 I.P.C., Police Station Amritpur, District Farrukhabad.
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,- Farrukhabad are directed to ensure the presence of the witnesses summoned before the court below.
Office is directed to send a copy of this order to the court concerned within three days for compliance.
Order Date :- 30.7.2019 OP