Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18213 of 2021 Applicant :- Mohd. Sazid Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Dinesh Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 73 of 2020, under Section 302 IPC, P.S. Chandpur District Bijnor with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and has not committed the present offence. First information report was lodged on false facts. At this juncture, learned counsel for the applicant referred to the contents of affidavit annexed with the bail application and further argued that none of the family members of the applicant has been interrogated in the matter, even children of the applicant were not interrogated. Informant is brother of deceased but manner of incident as narrated in first information report is totally false and is not supported with medical evidence. No prima facie case is made out.
Learned A.G.A. has opposed the prayer for bail and argued that first information report was lodged on the same day. Incident took place before informant. Referring the post mortem report, it has also been argued that deceased died due to fire arm injury caused by the applicant. Deceased was the wife of applicant. Applicant's conduct is not of such nature to release him on bail as family members of the applicant are not safe.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Mohd. Sazid is hereby rejected.
However, trial court is directed to conclude the trial expeditiously fixing short dates.
Order Date :- 28.7.2021 Gss