Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18640 of 2016 Applicant :- Ram Autar Opposite Party :- State Of U.P.
Counsel for Applicant :- Lal Mani Tripathi,Ashwani Kumar Srivastava,Sanjay Srivastava,Seema Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. L.N. Tripathi, learned counsel for the applicant and learned A.G.A. for the State.
2. This application for bail has been filed by the applicant- Ram Autar seeking his enlargement on bail in Case Crime No. 18 of 2016, under Sections 304, 326, 504 and 506 I.P.C., Police Station-Billauhar, District-Kanpur Nagar during the pendency of trial of the above mentioned case crime number.
3. It appears from the record that an occurrence took place on 12.1.2016, in which Ganga Devi sustained injuries. Ultimately the injured Ganga Devi succumbed to the injuries sustained by her. An F.I.R. in respect of the aforesaid incident was lodged on 14.1.2016 by the brother of the deceased namely Akhilesh Kumar, which was registered as Case Crime No. 18 of 2016, under Sections 304, 326, 504 and 506 I.P.C. In the aforesaid F.I.R. only one person namely Ram Autar, the present applicant was nominated as the named accused.
4. Learned counsel for the applicant has raised a number of submissions in support of the bail application. However, the Court finds that the charge sheet has already been submitted, upon which cognizance was taken by the Court concerned and thereafter matter was committed to the Court of Sessions. Accordingly, S.T. No. 141 of 2016 (State Vs. Ram Autar) under sections 304, 326, 504 and 506 I.P.C., Police Station-Billauhar, District-Kanpur Nagar, came into existence. The same is now pending in the Court of Additional District Judge/F.T.C., Kanpur Dehat. On date, five prosecution witnesses have already been examined. As substantial evidence has already been recorded, it shall not be desirable to release the applicant on bail at such an advance stage of trial. Consequently, bail application of the applicant is rejected.
5. However, at this stage, it is expected from the trial court to gear up the trial and make necessary endeavour to conclude the same within 1 year provided the applicant renders all necessary co-operation in early conclusion of the trial.
6. Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 31.7.2019 HSM