Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25716 of 2021 Applicant :- Mukhvendra Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Srivastava,Anup Kumar Khare Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
The present bail application has been filed by the applicant involved in Case Crime No.517 of 2020, under Section 302 IPC, P.S.Sindhauli, District Shahjahanpur with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The applicant is not named in the first information report and that he was falsely involved in this case during investigation without any cogent evidence. There is no eye- witness of alleged incident. It has been further submitted that applicant is languishing in jail since 22.09.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that during investigation, involvement of applicant, has been found in the incident and that now the case is at stage of final argument.
Perusal of record shows that all the witnesses of prosecution have already been examined and that statement of accused under Section 313 Cr.P.C. has also been recorded. It appears from perusal of order of court below that the case is pending at the stage of final argument.
In view of the above facts and considering the submissions of learned counsel for the parties, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Mukhvendra is hereby rejected.
However, keeping in view of period of incarceration of applicant and also considering the fact that the case is stated at the state of final argument, trial court is directed to expedite the trial and to decide the same preferably within a period of four months from the date of filing a copy of this order, if there is no legal impediment.
Order Date :- 12.8.2021 Neeraj