Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18395 of 2019 Applicant :- Maqbool @ Parwana Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais,Mashaluddin Shah,Raghvendra Prakash Counsel for Opposite Party :- G.A.,Jitendra Singh
Hon'ble Suresh Kumar Gupta,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been filed by the applicant with a prayer to release the applicant on bail in case crime No. 124 of 2018, under Sections 302 IPC and 3/25 Arms Act, P.S. Tarwa, District Azamgarh.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that the applicant is not named in the FIR and FIR is lodged by the father of the applicant and on pointing out of the the applicant, weapon of assault i.e. country made pistol, is recovered. It is also submitted that P.W. 1 examined in trial court and did not support the prosecution case and turns hostile. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, applicant has no previous criminal history, he is in jail since 23.7.2018 and if, he is released on bail, he will not misuse the liberty of bail.
Learned AGA vehemently opposed the prayer for bail and submits that nature of the offence is very henious and if, the applicant is released on bail, he may be indulged in the same offence again, hence, this is not a fit case for bail and the bail application of the applicant, is liable to be rejected.
Considering the facts and circumstances of this case and after perusal of the record and complicity of the accused, without expressing any opinion on the merits of the case, I am of the view this is not a fit case for bail so that the bail application of the applicant is rejected.
However, it is directed that the the learned trial court may expedite the trial and dispose of the aforesaid case, expeditiously and preferably within nine months, if there is no legal impediment.
Order Date :- 27.11.2019 Ankita