Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4934 of 2018 Applicant :- Ramji Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.,Ankit Saran
Hon'ble Ramesh Sinha,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, Sri Ankit Saran, learned counsel for the complainant, Sri I.P. Srivastava, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant along with five other accused persons is involved in the present case who are said to have assaulted the deceased with hard and blunt object i.e. lathi, danda, bricks-bats and iron rod. As per post-mortem report, cause of death is haemorrhage and shock laceration of labour and right lung. From the perusal of the post-mortem report of the deceased, the deceased did not receive any injuries on his abdomen area and chest as he received injury on fore-head, neck and right neck. THe applicant is a Government servant. The deceased was having criminal history of three cases. The two injured persons of the case who are friends of the deceased were accompanying him have also received injuries on their person. On the evidence of said two witnesses on the place of occurrence, the presence of the applicant along with other co-accused persons has been disclosed. The applicant is in jail since 25.8.2017.
Learned counsel for the complainant as well as learned AGA opposed the prayer for bail and submitted that the applicant is history sheeter and having criminal antecedents of 25 cases.
Without expressing any opinion on the merits of the case and considering the submissions advanced, I find that no good ground is made out for enlarging the applicant on bail.
The bail application of the applicant Ramji Tiwari involved in case crime no.252 of 2017, u/s 147, 148, 302 IC, P.S. Soraon, district Allahabad is, accordingly, rejected.
However, the trial court is directed to expedite the trial and conclude the same preferably within the period of eight months from the date of production of the certified copy of this order before the trial court, if there is no legal impediment.
The parties are directed to produce the certified copy of this order before the trial court for it's compliance.
Order Date :- 23.2.2018 Gaurav