Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19243 of 2018 Applicant :- Navaldar Yadav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Adarsh Kumar,Ashok Kumar Singh,Mohd Akhtar,Sanjeev Kumar Rai,Sufiya Bano,Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.,Shiva Kant Srivastava Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Mohd Akhtar, learned counsel for the applicants; Sri Shiva Kant Srivastava, learned counsel for the informant as well as Sri Abhishek Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants - Navaldar Yadav and Ram Lakhan Yadav with a prayer to release them on bail in Case Crime No. - 36 of 2018, under Section - 304 IPC, Police Station - Maharajganj, District - Azamgarh, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicants are accused of culpable homicide not amounting to murder, punishable with imprisonment upto life;
(ii) against FIR lodged on 20.2.2018, the applicants are in confinement since 29.3.2018;
4. Learned counsel for the applicants would submit that the applicants and deceased are real brothers and some scuffle had taken place at the spur of the moment wherein injuries had suffered by both sides and no injury has been caused, that may have resulted in death. However, the deceased died on account of septicaemia twelve days after the incident while undergoing treatment.
5. Learned counsel for the informant and learned AGA have resisted the grant of bail and submitted that looking into the nature of the injuries, it is not the case of simple scuffle but a pre-meditated act, inasmuch as, there are multiple stab injuries caused to the deceased with a knife and one of the them is on vital body part namely, chest. The entire allegations are against the applicant and therefore, notwithstanding the blood relationship between the parties, there is no doubt shown in the prosecution story at this stage.
6. Having heard learned counsel for the parties and having perused the order-sheet, it further transpires that this Court, vide order dated 22.1.2019, made observations for compliance by the trial court, keeping in mind the principle contained in Section 309 Cr.P.C.. It further appears that some evidence has been received by the trial court, however, it is not disputed that the trial is still pending and it may take some time for its conclusion.
7. Accordingly, the present application is rejected. However, it is expected that the trial court shall make best efforts to conclude the trial, as expeditiously as possible, preferably within a period of one year from today. Also, the trial court may keep in mind the principle contained in Section 309 Cr.P.C. to ensure that the trial may be concluded within time indicated above.
Order Date :- 26.11.2019 Prakhar