Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35755 of 2017 Applicant :- Narendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.,Dharm Singh Parmar
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. and perused the record.
Counter affidavit filed today by learned A.G.A. is taken on record.
This bail application has been filed on behalf of the applicant involved in Case Crime No.52 of 2016 under sections 147, 148, 149, 302, 506, 120B I.P.C. PS. Rath, District Hamirpur.
It is urged by the learned counsel for the applicant that as per prosecution case; deceased was practising lawyer while returning, he was ambushed by six accused persons including the applicant nominated in the F.I.R.; deceased was beaten, thereafter two gun shot injuries were caused by co- accused Bhupendra and the applicant; postmortem examination report does not support the prosecution case of marpit as no injury was found on the body of the deceased; apart from gun shot injuries, semi digested food was found, which does not support the time of incident; applicant is a cancer patient, he is languishing in jail since 13.02.2016, 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. and the counsel for the informant has opposed the prayer for bail submitting that the prosecution case is duly supported by the postmortem examination; F.I.R. was lodged promptly; applicant is one of the five accused persons having criminal antecedents, it will not be in public interest to enlarge the applicant on bail at this stage.
Considering the facts and circumstances of the case, I am not inclined to allow the bail application.
The bail application is, accordingly, rejected.
The trial court is directed to expedite the trial and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order provided there is no other impediment.
Office is directed to send a certified copy of this order to the trial court concerned for immediate compliance Order Date :- 12.9.2018 Rk