Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44610 of 2015 Applicant :- Ram Pravesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhagwan Das Sharma,Manvendra Kumar Yadav Counsel for Opposite Party :- G.A.,Rajesh Kumar Singh
Hon'ble Ramesh Sinha,J.
Heard Sri B.D. Sharma and M.K. Yadav, learned counsel for the applicant, Sri R.K. Singh, learned counsel for the complainant and Sri G.P. Singh, 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 not named in the F.I.R. as the same was registered against co- accused Dinesh Yadav, Arvind Yadav, Dheeraj Yadav and Vijay Shankar Yadav. The name of the applicant came into light during the course of investigation for the first time in the dying declaration of the deceased. He submits that co-accused Dinesh Yadav, Arvind Yadav, Dheeraj Yadav and Vijay Shankar Yadav have been granted bail by the competent court which was disputed by learned counsel for the applicant and no orders granting bail to the said accused persons have been produced by learned counsel for the applicant. The applicant is in jail since 14.3.2015.
Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer for bail and submitted that in the dying declaration of the deceased which was recorded by the Naib Tehsildar on 5.3.2015 at 10:40 a.m., the deceased has specifically stated that the applicant along with other co-accused persons named in the F.I.R. set ablaze her by pouring kerosene oil on her on account of which she succumbed to her injuries.
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 Ram Parvesh involved in Case Crime No. 293 of 2015 under sections 452, 326, 302, 323 I.P.C. and 3 (2) (5) S.C./S.T. Act, police station Ramkola, 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.
Order Date :- 26.10.2018 Shiraz