Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45813 of 2018 Applicant :- Pravesh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant as well as Sri G.P. Singh learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.261 of 2018 under sections 452, 302, I.P.C., Police Station Faridpur, District Bareilly, during the pendency of trial.
The contention of the learned counsel for the applicant is that the applicant has been falsely implicated because there is no eye witness. The two eye witnesses namely Virpal land Lala Ram named in the FIR have actually not seen the occurrence and they have stated that they had gone on the spot and thereafter they had left the place after having tried to mediate the dispute but subsequently the accused-applicant had killed the deceased by assaulting him with brick and 'khaprail'. Further, it is argued that in the post-mortem report the injuries which have been mentioned by the doctor are of one and half day before the post-mortem. Further, he has stated that the accused-applicant has been falsely implicated because of village enmity.The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 16.05.2018. In case the applicant is released on bail he will not misuse the liberty of bail.
On the other hand learned A.G.A. has vehemently opposed the bail stating that the two witnesses Virpal and Lala Ram who had reached the spot and after mediating the dispute, both left there and thereafter the deceased was found dead. In the post-mortem report five injuries were found on the person of the deceased which cannot easily be caused by the brick and 'khaprail', hence the bail application should be rejected.
Looking to the fact that there is close proximity of the time when witnesses were on the spot at the time when the deceased was beaten by the present accused and subsequently he was found dead. I find no good ground for grant of bail to the applicant in the aforesaid case crime number. The application is, accordingly, dismissed.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C within a further period of one year from the date of production of a certified copy of this order.
Order Date :- 30.11.2018 AU