Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7358 of 2018 Applicant :- Manish Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This bail application has been moved seeking bail in Case Crime No.346 of 2014 under sections 147, 148, 149, 302 I.P.C. , Police Station Chhaprauli, District Baghpat, during the pendency of trial.
The contention of the learned counsel for the applicant is that the three co-accused have been granted bail in this case. The statement of only two witnesses have been recorded till date, who are not eye witnesses but the main witnesses who supported the prosecution version under section 161 Cr.P.C. have not been examined. The applicant is involved in 22 criminal cases but the same has been explained in the supplementary affidavit. The applicant is languishing in jail since 25.2.2015. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has vehemently opposed the bail prayer of the applicant stating that the statements of eye witnesses are yet to be recorded and the eye witnesses have supported the case of prosecution that the present accused was involved in murdering the two deceased in this case. It was also argued that one deceased has received as many as 8 gunshot injuries in his body and other has received 4 gunshot injuries on his body, therefore, bail should be rejected. .
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
In view of the above argument and looking to the fact that the eye witnesses have taken the name of the present accused along with co-accused who have fired upon the deceased, this is not found to be a fit case for granting bail. The bail application is accordingly, rejected.
However, the court below is directed to decide the case expeditiously, if possible, within a period of one year. The statement of witnesses shall be recorded on day-to-day basis without giving undue adjournments to either side.
Order Date :- 29.3.2018 AU