Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43162 of 2017 Applicant :- Ramesh Ram Arya Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikram D. Chauhan,Sheshadri Trivedi,Vikas Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri P.K. Rai, learned brief holder for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged by Station Master, Moradabad against unknown person alleging that on 1.2.2017, he shot fire at unknown person, subsequently who was identified as of Vishal Williams. He died resultnatly. During investigation, the name of applicant was surfaced. One countrymade pistol and empty cartridge used in this crime were recovered from the possession of applicant.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present. Applicant was not named in the F.I.R. During investigation the name of applicant was surfaced. There is no independent witness. 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 18.4.2017 (more than two years) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant killed the deceased by shot fire. One country-made pistol and empty cartridge used in this crime were recovered from the possession of applicant. 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, 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 Ramesh Ram Arya involved in Case Crime No. 79 of 2017, under Sections 302/34 IPC, P.S. GRP, District Moradabad is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 29.4.2019 A. Singh