Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30112 of 2019 Applicant :- Naresh Bhadouriya Opposite Party :- State Of U.P.
Counsel for Applicant :- Sikandar B. Kochar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Pankaj Kumar Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against applicant alleging that on 11.1.2019 he assaulted Sanjay with iron rod due to some dispute about rent, he received three injuries, resultantly died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Iron rod recovered at the pointing out of applicant but without blood stained. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 13.1.2019 (more than six 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 applicant killed deceased. Main role of assault was assigned to applicant and he is single accused in this crime. Blood stained wooden stick was recovered at the pointing out of applicant. Trial is going on. Offence is grievous in nature. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, 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 Naresh Bhadouriya involved in Session Trial No. 90 of 2019 arising out of Case Crime No. 05 of 2019, under Section 302 IPC, P.S. Barhpura, District Etawah is hereby rejected at this stage.
It is expected from the court concerned to decide the trial expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 30.7.2019 A. Singh