Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25655 of 2016 Applicant :- Radhey Shyam Kushwaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Narain Pathak Counsel for Opposite Party :- G.A.,Randhir Singh,Tanveer Zafar Khan Hon'ble Ramesh Sinha,J.
Heard Sri M.N.Pathak, learned counsel for the applicant, Sri Ashish Pandey, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to enmity and partibandi in the Mohalla. He further submits that the applicant along with four co-accused persons were assigned the general role of assaulting the deceased with lathi and danda. As per the post mortem report, the cause of death of the deceased is asphyxia as a result of ante-mortem injury. He next argued that from the side of the applicant, two co-accused persons also received injuries, but there is no explanation for the same. There is no independent witness of the alleged incident. The applicant is in jail since 7.6.2016.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the decesed died on account of ante-mortem injuries and two fractures were found on his persons, i.e., one on his neck and other on his chest.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant-Radhey Shyam Kushwaha involved in Case Crime No.232 of 2016, under Sections 147, 148, 149, 452, 323, 504, 304 I.P.C., Police Station Kasaya, District Kushinagar. Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of six months from the date of production of a certified copy of this order, if, there is no legal impediment.
Applicant is directed to produce a certified copy of this order before the trial Court concerned for its compliance.
Order Date :- 29.3.2018/NS