Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5046 of 2015 Applicant :- Pradeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar,Ankit Saran,Sunil Kumar Dwivedi Counsel for Opposite Party :- Govt. Advocate,Nigamendra Shukla,Rama Shanker Mishra
Hon'ble Rajul Bhargava,J.
Heard Sri Jitendra Singh holding brief of Sri Sunil Kumar Dwivedi, counsel for the applicant and learned AGA.
The present bail application has been filed by the applicant in Case Crime No. 102 of 2014, u/s 302, 452, 506 IPC, P.S. Kotwali Nagar, District Bulandshahar with the prayer for enlarging him on bail.
Learned counsel for the applicant submits that the applicant is nephew of the informant and enmity is existing between them on account of several litigation; no such incident as alleged by the first informant has taken place. It is submitted that all witnesses of fact have already been examined and statement of formal witnesses is being recorded, therefore, there is no possibility of tempering with the prosecution witnesses and thus, the applicant, who is in jail since 27.2.2014 may be enlarged on bail considering the period of detention.
Learned AGA opposed the prayer for bail and submitted that the applicant is sole accused against whom F.I.R. was lodged within 45 minutes of the incident; role of firing on the wife of the informant has been attributed to him, therefore, the applicant is not entitled to be released on bail merely because he is languishing in jail for the past five years.
Having heard learned counsel for the applicant, learned AGA for the State and considering the the entire facts and nature and gravity of offence, I do not find it to be a fit case for enlarging the applicant on bail. The bail application is, accordingly, rejected.
However, the trial court is directed to expedite the trial and conclude the same preferably within the period of four months from the date of production of the certified copy of this order before the trial court.
Office is directed to communicate the order within ten days.
Order Date :- 30.1.2019 Dhirendra/