Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12424 of 2019 Applicant :- Mohammad Shahnawaz Khan @ Bhantu Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tiwari, Ashish Kumar Singh, Pradeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
This bail application has been moved on behalf of the accused- applicant, Mohammad Shahnawz Khan @ Bhantu, who is involved in Case Crime No. 298 of 2018, under section 307 IPC, P.S. Chetganj, District Varanasi.
Heard learned counsel for the applicant and learned A.G.A on behalf of the State and perused the record.
It is submitted by the learned counsel for the applicant that as per the prosecution case, role of causing fire arm injury to the injured, Sayad Sarik Hasan has been assigned to the applicant, but the applicant has been falsely implicated in this case on account of business rivalry. It is further submitted that the applicant is having criminal history of six cases, which has properly been explained in paragraph No. 15 of the bail application by mentioning that in all the pending criminal cases, he is on bail. It is next submitted that in the trial, statement of P.W.1 (informant/brother of the injured) has been recorded, in which he has stated that the information about the said occurrence was given by one Prashant Kumar, who is friend of his younger brother (injured, Sayad Sarik Hasan). Lastly, it is contended by the learned counsel for the applicant that the applicant is in jail since 06.12.2018, therefore, he is entitled to be released on bail.
Per contra, learned AGA has opposed the prayer for bail by contending that in this case applicant is the only accused against whom specific allegation of causing fire arm injury to the injured has been assigned. The injured in his statement has also assigned the specific role of causing fire arm injury to the applicant with specific allegation that the applicant is a man of criminal in nature and has enmity with the family members of the injured. From the criminal history as explained by the applicant, it is also clear that six cases being Case Crime No. 51 of 2010, under Sections 147, 148, 149, 307, 323, 504 IPC, and Section 7 Criminal Law Amendment Act, Police Station Laxsa, Case Crime No. 1373 of 2018, under Sections 307 IPC, police station Kant, Case Crime No.110/2016 under Section 384, 504, 506, 379 I.P.C., Police Station Chetgang, Case Crime No.15/2012, under Section 3/4 Gunda Act, Police Station Kant, Case Crime No.26/2016 Gambling Act, Police Station Kant and Case Crime No.1374/2018, under Section 3/25 Arms Act, Police Station Kant, are pending against the applicant, therefore applicant is a habitual offender. Further submission is that the trial is in progress and statement of P.W.1 has been recorded in the trial, therefore, bail application of the applicant is liable to be rejected.
After having heard the arguments of the learned counsel for the parties, I do not find any good ground to enlarge the applicant on bail.
The bail application of the applicant, Mohammad Shahnawaz Khan @ Bhantu is, accordingly, rejected.
However, the trial court is directed to expedite the trial and conclude the same as expeditiously as possible, preferably, within a period of nine months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties concerned.
Order Date :- 31.7.2019 Zafar