Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7047 of 2018 Applicant :- Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Bahadur Verma Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 630 of 2017, under Sections 323, 504, 506, 307, 302 and 324 IPC, P.S. Kannauj, District Kannauj, is seeking enlargement on bail during the trial.
Applicant Prakash is named in the FIR causing injuries to the injured Dilip, he in his statement recorded under Section 161 Cr.P.C. has categorically specified his role assaulting him by knife and after this statement under Section 161 Cr.P.C. the injured died and 161 Cr.P.C. statement would be treated as dying declaration and keeping in view the statement under Section 161 Cr.P.C. and the other eye witness account of the incident, I do not find any good reason to enlarge the applicant on bail.
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, accordingly the prayer for bail is hereby refused at this stage.
However considering the peculiar facts and circumstances of the case the trial court is directed to conclude the trial of the applicant by 31.08.2018 without granting unnecessary adjournments to either of the parties subject to full cooperation of the applicant in the early disposal of the trial.
Subject to aforesaid direction, this application is disposed of.
Order Date :- 23.2.2018 Abhishek Sri.