Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55217 of 2019 Applicant :- Ramesh @ Sulendra Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 268 of 2019, under Sections 302 and 307 I.P.C., P.S. Kasna, district-Gautam Budh Nagar, is seeking enlargement on bail during the trial.
The first information report of the incident was lodged by the complainant against two named and one unknown person, alleging therein that nephew of the complainant was doing service in a Beer shop and on 19 march at about 10:00 p.m. the present accused along with his two associates came at the Beer shop and demanded for Beer but the shop has closed due to which the nephew of the complainant refused to give Beer, then the accused persons started maar-peet with him. It was also mentioned in the FIR that on 27.3.2019 at about 9:10 p.m. Surendra along with his accomplices Raju Gurjar and one unknown person came at the Beer shop and started firing, causing serious injuries to the nephew of the complainant. The injured was taken to Ivory Hospital, where the doctor declared him brought dead.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that prosecution version is not correct as the deceased was admitted to Ivory hospital, Sector-36, Greater Noida by one Sachin Sharma, son of Rajan Sharma, resident of Gulawathi, Bulandshahar. He lastly submitted that the applicant who has no criminal antecedent to his credit and is in jail since 29.3.2019, is entitled to be enlarged on bail during pendency of the trial.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that present accused was named in the FIR and on earlier occasion also he committed maar peet with the deceased and the other workers of the Beer shop and on 27.3.2019 the present accused along with his accomplices had fired and committed murder of the deceased Kuldeep Nagar. The incident was witnessed by Sachin Sharma who had taken the deceased to the hospital. The deceased died due to gun shot injury, hence the applicant is not entitled to be enlarged on bail.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record. I am not inclined to enlarge the applicant on bail at this stage of trial.
However considering the peculiar facts and circumstances of the case the trial court is directed the conclude the trial of the applicant within a period of one year from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 16.12.2019 Faridul