Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12727 of 2016 Applicant :- Neeraj Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Dwivedi,Jai Prakash Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The applicant has filed the present application seeking bail in case crime No. 954 of 2015 under sections 302,307 I.P.C. P.S. Ghatampur District Kanpur Nagar.
It was submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that the applicant has not committed any such offence as alleged by the prosecution but with a view to harass, victimise and exert undue pressure on him, the present prosecution has been launched against the applicant. The learned counsel for the applicant mainly contended that during trial the statements of P.W. 1 Rajeshwari (wife of the deceased) and P.W. 2 Rohit (son of the deceased's daughter) were recorded and they did not support the prosecution version and therefore both of them have been declared hostile by the prosecution. He further submits that since both these eye witnesses have been declared hostile , there are every chance of the applicant being acquitted, hence he deserves to be bailed out. He further submits that the applicant has got no criminal history to his credit and there is no chance of his fleeing away from the judicial process or tampering with the prosecution evidence and is in jail since 11.7.2015.
Per contra, learned A.G.A. vehementally opposed the bail application and submitted that the evidentiary value of the statements of the witnesses has to be considered by the court below and the same can not be considered here at this stage particularly when the trial is at the fag end of its conclusion.He further submits that from perusal of the record, it transpires that the aforesaid eye witnesses gave their statements before the court below under duress and coercion of the applicant and his henchmen. He further submits that seeing the conduct of the applicant and the nature of allegations made against him, he does not deserve any sympathy and the bail application is liable to be rejected outrightly.
In view of the facts and circumstances of the case and having regard to the nature and gravity of the offence, no case for bail is made out. The prayer for bail is declined and the bail application is rejected.
However, the learned lower court is directed to expedite the trial and conclude the same expeditiously preferably within three months from the date of receipt of a certified copy of this order keeping in view the provisions of Section 309 Cr.P.C.
Order Date :- 28.3.2018 MLK