Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35509 of 2016 Applicant :- Pradeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Harish Chandra Mishra,Pankaj Bharti Counsel for Opposite Party :- G.A.,Rajiv Sisodia Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant; and the learned A.G.A. for the State; and perused the record.
This second bail application has been filed by the applicant in case crime No.329 of 2014, under Sections 147, 148, 149, 452, 307, 506 IPC, Police Station Bhopa, District Muzaffarnagar with a prayer to enlarge him on bail.
The first bail application No.41836 of 2014 was rejected by order dated 24.09.2015 after noticing that the main role of firing at the deceased Ashok was assigned to the applicant and the injured had suffered a gun shot injury.
This second bail application has been filed primarily on the ground that the applicant has suffered incarceration since the year 2014 and the trial is not yet concluded. It has been submitted that since the applicant has been charged for offence punishable under Section 307 IPC and he has already suffered incarceration of over five years, it is a fit case where he should be granted bail.
Learned A.G.A. has opposed the prayer for bail and has submitted that from the supplementary affidavit filed by the applicant it is clear that the statement of the injured Ashok Kumar has been recorded during the course of trial and he has supported the prosecution case against the applicant and has attributed main role of firing at him to the applicant. It has been submitted that, under the circumstances, it would be appropriate that a direction be issued to the court concerned to expedite the conclusion of the trial.
I have given thoughtful consideration to the rival submissions.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that it is not a fit case for grant of bail to the applicant, at this stage, particularly, when the trial itself can be concluded shortly. Accordingly, this bail application is rejected with a direction upon the trial court to ensure expeditious conclusion of the trial, preferably, within a period of four months from the date of production of certified copy of this order.
Let a copy of this order be sent by the registry of this Court to the trial court concerned for information and compliance.
Order Date :- 27.9.2019 AKShukla/-