Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34023 of 2019 Applicant :- Rajkumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajnish Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that he assaulted Ramashankar with bricks, he died receiving head injury. Applicant was arrested on the spot.
Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. Applicant is unsound mind. There is no independent witness and no legal evidence against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 14.12.2018 (more than eight months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is not unsound mined and there is no evidence to prove that applicant is unsound mind. Applicant is single accused in this case. Trial is going on. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Rajkumar involved in Case Crime No. 480 of 2018, under Section 302 IPC, P.S. Chauri Chaura, District Gorakhpur is hereby rejected at this stage.
It is expected from the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no any legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 22.8.2019 A. Singh