Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18747 of 2016 Applicant :- Pradeep Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Srivastava,Aditya Kumar Tripathi,Deepak Dubey Counsel for Opposite Party :- G.A.,Anurag Shukla
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Anurag Shukla, learned counsel for the complainant and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 538 of 2015, under Sections 304, 504 and 506 I.P.C., P.S. Ekdil, District-Etawah and is in jail since 29.12.2015, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and he has been falsely implicated in the present case along with other co-accused by the informant due to previous enmity. Although the other co-accused were exonerated during investigation and the applicant alone has been charge-sheeted. He next submitted that the medical evidence on record does not corroborate the prosecution case. The prosecution case is that four persons had assaulted the deceased with lathi- danda. He lastly submitted that the applicant, who has no criminal antecedent is languishing in jail since 29.12.2015, is entitled to be leased on bail during pendency of the trial as there is no likelihood of conclusion of his trial in near future.
Per contra Sri Anurag Thakur and learned AGA- opposed the prayer for bail and submitted that the prosecution case right from the FIR has been that the applicant is the author of solitary lathi wound found on the head of the deceased which caused his death. There is eye witness account of the incident hence the applicant is not entitled to be released on bail during the pendency of his trial.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, I am not inclined to enlarge the applicant on bail at this stage of trial. The prayer for bail is refused.
However considering the peculiar facts and circumstances of the case the trial court is directed to conclude the trial of the applicant within a period of four months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 26.7.2018 Manish Tripathi