Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16644 of 2018 Applicant :- Mangal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Atul Shukla,Rajendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Rajendra Kumar Pandey, learned counsel for the applicant; as well as Sri Nagendra Kumar Shrivastav, 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 - Mangal Singh with a prayer to release him on bail in Case Crime No. -352 of 2015, under Sections -147, 148, 149, 307, 302, 34 I.P.C., Police Station -Rabupura, District - Gautam Buddh Nagar, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of murder and other offences, punishable with imprisonment upto life;
(ii) against FIR lodged on 27.10.2015, the applicant is in confinement since 18.01.2017;
(iii) thus it appears that the applicant had avoided arrest for a clearly long period of time;
(iv) as to criminal history, it has been submitted that the bail rejection order passed by the learned Sessions Judge mentioned a long criminal history of 27 cases;
(v) chargesheet has already been submitted yet trial has remained pending;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that only false allegation has been made against the applicant who is the father of the deceased on account of some property disputes between him and his second wife Rekha, who is an injured witness. Then, it has been submitted that the said Rekha had filed an affidavit before the police authorities resiling her allegation made during investigation. Referring to the long period of confinement, it has been submitted that the applicant may be enlarged on bail at this stage;
4. The above prayer has been vehemently opposed by learned AGA, who would submit that direct allegation of assault has been made against the applicant of having shot at the deceased and injured Rekha. Referring to the case diary material, it has been submitted that the statement of Rekha is categorical as to the assault committed by the applicant on the informant with firearm.
5. Having heard learned counsel for the parties and having perused the record, at present, no case is made out for grant of bail.
6. Accordingly, the bail application is rejected. However, it is expected that the learned court below shall make all efforts to conclude the trial, as expeditiously as possible, preferably within a period of one year, without granting any unnecessary or long adjournments to either of the parties, keeping in mind the principle contained in Section 309 Cr.P.C Order Date :- 16.12.2019 S.Chaurasia