Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27402 of 2016 Applicant :- Manjeet Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Veer Singh,Dharmendra Dhar Dubey,Vinod Kant Mishra Counsel for Opposite Party :- G.A.,Hridaya Narain Shukla,Mohd.Aslam Azhar Khan
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant, who is involved in Case Crime No. 421 of 2014, u/s 302/341 I.P.C., P.S.- Tharwai, District- Allahabad, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the petitioner that the informant is the solitary eye witness of the case. Although the applicant is named in the F.I.R. along with two others namely Jai Singh and Kuldeep Yadav yet Jai Singh was exonerated during investigation but the applicant and Kuldeep Yadav were chargesheeted and from the aforesaid it follows that the informant is not a reliable witness. He further submitted that there is no inordinate delay in lodging of the F.I.R. although the distance between the place of occurrence and the police station is only four kms. He further submitted that the applicant who has no criminal antecedents to his credit and is in jail since 3.1.2016, is entitled to be enlarged on bail during the pendency of the trial.
Per contra learned A.G.A. submitted that deceased was shot by the applicant and firearm wound was found on the body of the deceased. He next submitted that the lodging of F.I.R. is no so inordinate so as to render the prosecution case untrustworthy. The informant cannot be said to be unreliable witness on the ground that out of three accused named in the F.I.R., Jai Singh was exonerated during the investigation. Hence, no case for enlarging the applicant on bail is made out.
After having heard the learned counsel for the parties and perused the material on record, I am not inclined to enlarge the applicant on bail.
Hence, the prayer for bail is refused. However considering the peculiar facts and circumstances of the case, the concerned trial Judge is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties. In case the trial of the applicant is not concluded within the period stipulated hereinabove, the applicant may move fresh bail application before this Court.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 23.8.2018/aks