Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46250 of 2019 Applicant :- Parag Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Kumar Yadav 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. 445 of 2019, under Sections 302, 34, 328 and 406 I.P.C., P.S. Sahjanwa, district-Gorakhpur, is seeking enlargement on bail during the trial.
The first information report of the incident was lodged by the informant against three persons namely, Parag Yadav, Kalicharan alias babloo and Dharamvir alias Lalla, alleging therein that on 5.8.2019 at about 9.00 p.m. Parag Yadav, son of Molhu, Kalicharan alias Babloo, son of Sundar Lal and Dharamvir alias Lalla came to the house of complainant and taken away his father to the bank of river in village-Sisai for performing worship and 'tantric vidya' with the intention to find gold from the land. Thereafter father of the complainant was done to death by the accused persons. After committing murder of father of the complainant, the accused persons fled away from the spot after taking his money.
Learned counsel for the applicant submitted that the incident is alleged to have taken place 5.8.2019 and the first information report was lodged on 9.8.2019. He next submitted that the applicant was having no motive to cause death of the deceased and he was not beneficiary in any way and the money was taken by co-accused Kalicharan alias Babloo, not by the present accused. He lastly submitted that the applicant, who has no reported criminal antecedents to his credit and is in jail since 10.8.2019 is entitled to be enlarged on bail.
Per contra, learned A.G.A. has opposed the prayer for bail.
After having heard the learned counsel for the applicant and perused the record, I am not inclined to enlarge the applicant on bail at this stage.
Hence this bail application is rejected.
However considering the peculiar facts and circumstances of the case the trial court is directed the conclude the trial of the applicant within a period of one year from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 18.12.2019 Faridul