Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39795 of 2019 Applicant :- Mohammad Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri H.P. Gupta, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 19/20.3.2017, Nausad, Aasmin and Sabbo aged about two years were found dead, injuries were found on their neck and dead bodies were found in burn condition. During investigation, name of applicant was surfaced and it was found that he killed his real father, step mother and step sister and blood stained knife used in the crime was recovered at the pointing out of applicant.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation. Two witnesses of fact have been examined before trial court, they not supported the prosecution case and turned hostile. There is no independent witness and no legal evidence against the applicant. There is no possibility to get this case decided in short period in future due to heavy workload in trial court. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 21.3.2017 (more than two and half years) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is single accused in this case. He killed his real father, step mother and step sister and blood stained knife used in the crime was recovered at the pointing out of applicant. This is brutal murder of three persons. At this stage, it will not be proper for this Court to appreciate the evidence produced before trial court. There is no chance of false implication. Trial is going on. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Mohammad Ali involved in Case Crime No. 136 of 2017, under Sections 302, 201 IPC, P.S. Dibiyapur, District Auraiya is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
S.S.P./S.P., Auraiya and District Magistrate, Auraiya are directed to ensure presence of witnesses on summoning before the court concerned.
Office is directed to send a copy of this order through FAX, e-mail and speed post within three days from today to S.S.P./S.P., Auraiya & District Magistrate, Auraiya and court concerned for necessary compliance.
The court concerned is directed to send a detailed report after every three months showing the reason therein why the case is not being decided, which shall be kept on record.
Order Date :- 26.9.2019 A. Singh