Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10234 of 2021 Applicant :- Nasim Opposite Party :- State of U.P.
Counsel for Applicant :- Pratibha Vohra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 242 of 2019, under Section 302 I.P.C., P.S. Sadnagali, district-Amroha and is in jail since 21.8.2019, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant against the present accused regarding murder of his brother. It was alleged in the FIR that on 16.8.2019 the present accused has committed murder of his brother by stabbing.
Learned counsel for the applicant has submitted that the deceased was brother-in-law of the applicant and there was some family dispute between sister of applicant and the deceased and due to this reason the applicant has been falsely implicated in this case. He also submits that all the witnesses, Ahmad Nabi (PW1), Smt. Ghagufta (PW2) and Smt. Gulnaz (PW3) have not supported the prosecution case in their statements recorded under Section 161 Cr.P.C, copy whereof has been filed as Annexure-4 & 5 of the supplementary affidavit. No incriminating article or material has been recovered either from the applicant or on his pointing out. He lastly submits that the applicant, who is in jail since 21.8.2019 and has no criminal antecedents to his credit, is entitled to be enlarged on bail during pendency of the trial.
Per contra learned AGA opposed the prayer for bail and submitted that the trial is about to conclude and only formal witnesses remain to be examined.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record. I am not inclined to enlarge the applicant on bail at this stage of trial.
However, considering the peculiar fact and circumstances of the case, the trial court is directed to expedite the trial of the aforesaid case and conclude the same in accordance with the provisions contained in Section 309 Cr.P.C. as expeditiously as possible without granting unnecessary adjournments to either of the parties after normal functioning of the Court.
Subject to aforesaid direction, this bail application stands finally disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 Faridul