Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30062 of 2019 Applicant :- Ram @ Akash Deep Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, FIR was lodged against unknown person alleging that he assaulted Mohd. Kadir with sharp-edged weapon. According to postmortem report, he received eight injuries. During investigation, the name of applicant was surfaced and sharp-edge weapon (dav) used in the crime was recovered at the pointing out of applicant.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 24.4.2019 (more than three years). Criminal history of one case of Section 302 IPC, he was on bail and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant killed the deceased. Main role is assigned to applicant and sharp-edge weapon (dav) used in the crime was recovered at the pointing out of applicant. Criminal history of one case of Section 302 IPC. Main role was assigned to applicant. Trial is going on. Offence is grievous in nature. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, 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 Ram @ Akash Deep involved in Case Crime No. 792 of 2018, under Section 302 IPC, P.S. Jahangirabad, District Bulandshahr is hereby rejected at this stage.
It is expected from the court concerned to decide the trial expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 26.7.2019 A. Singh