Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41931 of 2019 Applicant :- Mithai Lal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.,Mohd. Shoeb Khan AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25595 of 2019 Applicant :- Brahmanand Yadav @ Pappu Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.,Mohd. Shoeb Khan AND Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26148 of 2019 Applicant :- Santosh Kumar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A.,Mohd. Shoeb Khan
Hon'ble Pritinker Diwaker,J.
As all these three applications arise out of common FIR, they are being disposed of by this common order.
Heard learned counsel for the parties and perused the record.
These bail applications under Section 439 of Code of Criminal Procedure have been filed by the applicants, seeking enlargement on bail during the trial in connection with Crime No.335 of 2018 under Sections 147, 148, 149, 302, 324, 506, 34, 120-B of IPC, Police Station Khajani, District Gorakhpur.
Brief facts of the case are that on 21.12.2018 at about 4:15 pm, about eight accused persons have gone to the house of two deceased and killed them by different weapons.
Learned counsel for the applicants submits that the applicants have not been named in the FIR and in the present case, a cross case has also been registered. He submits that after two days of the incident, diary statement of Ram Singh was recorded, naming the applicants as accused. It has been argued that the informant has not made any allegation against the applicants.
On the other hand, opposing the bail applications, it has been argued by learned AGA that the incident occurred in the house of two deceased and that shows that the applicants were the assailants. It has been further argued that in 161 Cr PC statement, Ram Singh has categorically stated the role of the applicants and considering the facts and circumstances of the case, the applicants are not entitled for bail.
Considering the serious nature of the allegations against the applicants, at this stage, I am not inclined to release the applicants on bail. Their bail applications are rejected. The applicants would be at liberty to revive their applications after recording the evidence of main witnesses. However, the trial court is directed to expedite the trial.
Order Date :- 28.11.2019 RKK/-