Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40329 of 2019 Applicant :- Nadeem Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri R.K. Singh, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that 3.6.2019 at 2 a.m. some unknown persons killed Bahajuddin (father of complainant). According to postmortem report, five injuries were found on the body of deceased i.e. four incised wound and one traumatic swelling. During investigation, the name of applicant was surfaced and blood stained knife was recovered from the possession/ pointing out of applicant.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation. Offences levelled against the applicant are not attracted in the present matter. He is languishing in jail since 10.7.2019 (more than two and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that the applicant is single accused in this case. He killed the deceased. Blood stained knife used in the crime was recovered at the pointing out of applicant. 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 Nadeem involved in Case Crime No. 207 of 2019, under Section 302 IPC, P.S. Seohara, District Bijnor 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, preferably within one year, if there is no legal impediment.
A copy of this order be transmitted to the 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 :- 27.9.2019//A. Singh