Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8569 of 2017 Applicant :- Ramteerath Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Ravi Shankar Tripathi,Saurabh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavits filed today are taken on record.
Heard learned counsel for the applicant and Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons namely, Pushpendra Kumar, Puttan, Shyam Mohan @ Gaiya, Bhay Singh and Ramtirath alleging that on 9.7.2016 they assaulted Sultan Singh and Bablu @ Satendra who were ridding on motorcycle, they received five injuries each, one on head, resultantly died. He also stated in the F.I.R. Puttan shot fire at deceased but no gun shot injury was found on the body of any deceased.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present due to previous enmity. There is no independent witness against the applicant. Specific role of assault to Sultan Singh was assigned to co-accused Pushpendra Kumar. The bail application of co-accused Pushpendra Kumar has already been rejected by co-ordinate Bench of this Court. There was no motive against the applicant. There is general allegation against the applicant. Three witnesses have been examined before trial court. Due to heavy workload, there is no possibility to get this case decided in short period in future. There are criminal history of three cases (i.e. one 302 IPC, second 307 IPC and third 25 arms Act) against the applicant. Applicant was acquitted under Section 302 IPC and was released on bail under Section 307 IPC and 25 Arms Act. 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 24.7.2016 (more than two years and ten months).
Learned A.G.A. opposed the prayer for bail and submitted that it is a case of double murdered. Applicant has criminal history of three cases including Section 302 IPC. They killed the deceased. Offence is heinous in nature. There is no possibility for false implication. 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 and 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 Ramteerath involved in Case Crime No. 525 of 2016, under Sections 147, 302, 307, 504, 506 IPC, P.S. Bisauli, District Budaun 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. on day to day basis, if there is no any legal impediment.
S.S.P./S.P., Budaun and District Magistrate, Budaun are directed to ensure presence of witnesses summoned by the court concerned.
Office is directed to send a copy of this order through FAX, e-mail and speed post within three days from today to S.S.P./S.P., Budaun & District Magistrate, Budaun and court concerned for necessary compliance.
Order Date :- 29.5.2019 A. Singh