Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7212 of 2018 Applicant :- Madan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhupendra Kuamr Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 348 of 2017, under Section 302 IPC, P.S. Afzalgarh, District Bijnor, is seeking enlargement on bail during the trial.
It is contended by the learned counsel for the applicant that the applicant is not named in the FIR, his name figured up in the 161 Cr.P.C. statement of one Deepa before whom he has made an extra judicial confessional coupled with a recovery of revolver has also taken place from the possession of the applicant. The post mortem report reveals that the deceased has sustained one firearm wound of entry 1 cm x 1 cm x bone deep and metalic bullet recovered from occipital region, blacking and tatooing is present around the wound reflecting that firearm was shot at near proximity.
Per contra learned AGA opposed the prayer for bail.
Keeping in view the incriminating circumstances coupled with weapon of assault (revolver), I am not inclined to grant the applicant on bail, accordingly, the prayer for bail is here by rejected.
However considering the peculiar facts and circumstances of the case the trial court is directed to conclude the trial of the applicant by 31.12.2018 without granting unnecessary adjournments to either of the parties.
Subject to aforesaid direction, this application is disposed of.
Order Date :- 27.2.2018 Abhishek Sri.