Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22438 of 2019 Applicant :- Pushpendra And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Krishna Lal Counsel for Opposite Party :- G.A.,Dinesh Kumar Singh,Smt Gayatri Rajpoot
Hon'ble Aniruddha Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard learned counsel for the applicants, Sri Dinesh Kumar Singh, learned counsel for the complainant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely, Pushpendra, Prabhu Dayal and Lakhan alleging that on 28.2.2018 at 7:30 hours they killed Chandrabhan with axe. Specifically stated that Prabhu Dayal had assaulted with axe on the neck of the deceased. According to postmortem report, he received three incised wounds and died. On the pointing out of Pushpendra axe used in the crime was recovered and lathi used in the crime was also recovered at the pointing out of Lakhan.
Learned counsel for the applicant submitted that applicants have been falsely implicated in this case and are languishing in jail since 5.3.2018 (one year and four months) eight cases of criminal history, including two are of Section 307 I.P.C against Pushpendra in which he is on bail and six criminal history including two are of Section 307 I.P.C. against Lakhan in which he is on bail. Both the applicants have been convicted under Section 307 I.P.C. for a period of seven years. Due to heavy load work in the trial court, there is no possibility to get this case decided in near future. According to Naksa-Najri, place of occurrence is not established. Several persons and villagers have filed their affidavits stating therein that complainant had killed his father himself and falsely implicated the applicant. In case they are released on bail they will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and submitted that incident is of broad-day light. Both the applicants have been convicted under Section 307 I.P.C. for a period of seven years. According to Section 437 Cr.P.C. they are not entitled to bail. Specific role of assault has been assigned to applicant (Pushpendra) by axe. Deceased died receiving three injuries of axe. Axe used in the crime was recovered at the pointing out of Puspendra. They killed the deceased assaulting on neck brutally. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage in Case Crime No. 45 of 2018, under Section 302, 323, 504, 452, 34 I.P.C., Police Station Panwadi, District Mahoba.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
D.M. & S.P./S.S.P,- Mahoba are directed to ensure the presence of the witnesses summoned before the court below.
Office is directed to send a copy of this order to the court concerned within three days for compliance.
Order Date :- 25.7.2019 OP