Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49938 of 2020 Applicant :- Papindra Bhati Opposite Party :- State of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the informant and perused the material placed on record.
This bail application has been preferred by the accused- applicant- Papindra Bhati, who is involved in Case Crime No.738 of 2017, under Sections- 147, 148, 149, 302 and 120-B I.P.C., Police Station- Noida Sector 39, District- Gautam Budh Nagar.
Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case in order to mount pressure to compromise the proceeding of an earlier criminal case pending between the co-accused and the informant; that the deceased was a man of criminal nature who has been killed by some other persons and the applicant has been roped in falsely; that there is no independent witness of the alleged incident; that recovered vehicle does not belong to him. It is lastly submitted that the applicant is languishing in jail since and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A has vehemently opposed the prayer for grant of bail by submitting that there is credible evidence against the applicant besides recovery of weapon and vehicle used in the commission of the offence.
At this stage learned counsel has come with a prayer to direct the learned Trial Court to conclude the trial expeditiously within a stipulated period, to which learned A.G.A. has no objection.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is not entitled for bail.
Accordingly, bail application is rejected.
However, learned Trial Court is directed to expedite the trial after providing opportunity to both sides, in accordance with law without granting any unwarranted adjournment to either of the parties unless required for very compelling reasons and conclude the same preferably within a period of six months following the provisions of 309 Cr.P.C. from the date of production of copy of this Court before concerned Trial Court.
Order Date :- 5.1.2021 S.Verma Digitally signed by Justice Umesh Kumar Date: 2021.01.25 10:07:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad