Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39093 of 2018 Applicant :- Paras Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Srivastava Counsel for Opposite Party :- G.A.,Brij Bhushan Prasad Shrivastava
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and Mr. Brij Bhushan Prasad Shrivastava, and perused the material placed on record.
By means of this application, applicant-Paras Mishra, who is involved in Case Crime No. 12 of 2018, under sections 147, 148, 149, 323, 302, 504, 506 IPC, police station Ekauna, district Deoria, seeks enlargement on bail during the pendency of trial.
In this case, two persons, namely, Rajan Singh and Yogendra Singh alias Jugani have been murdered by the accused persons. It is pointed out that there were three eye-witnesses of this case, namely, Veer Bahadur Singh, (first informant), Bharat Yadav and Harish Chandra Singh.
It is submitted by the learned counsel for the applicant that the informant Veer Bahadur Singh alisa Veeru Singh, who is the eye-witness of the incident has been examined before the trial court as PW-1 and the trial is proceeding. He further submits that the applicant has no criminal history and is in jail since 05.03.2018 and considering the detention period of the applicant, he should be released on bail.
Per contra, learned Additional Government Advocate as well as learned counsel for the informant vehemently opposed the prayer for bail and submitted that it is a double murder case. As per post-mortem examination report, five injuries have been found each on the body of both the deceased, which are corroborated with the prosecution version. It is next submitted by learned AGA that the period of detention is also not so prolonged, which by itself may be made the basis of release the applicant on bail on the ground of long detention. On the gravity of offence committed by the accused persons, the applicant is not entitled to be released on bail.
Considering the facts and circumstances of the case, submissions advanced on behalf of parties, gravity of the offence and severity of the punishment, the offence, it is a case of double murder and the period of detention of the applicant is not so prolonged which by itself may be made the basis of release the applicant on bail on the ground of long detention, I do not find any good ground to grant bail to the applicant.
Accordingly, the bail application is rejected.
However, considering the facts and circumstances of the case, the trial court is directed to make an endeavour to conclude the trial, as expeditiously as possible, in view of provision of section 309 Cr.P.C., without granting any unnecessary adjournment to either of the parties.
It is directed that in case certified copy of this order is not issued due to COVID-19 pandemic, the copy of the order downloaded from the official website of the Allahabad High Court shall be acted upon.
Order Date :- 12.8.2021 Sazia