Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17112 of 2019 Applicant :- Ravi Shankar @ Babbi Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Rishikesh Tripathi,Purushottam Dixit,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.,Harsh Kumar Srivastava
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 862/2018, under Section 302/34 IPC and Section 7 of Criminal Law Amendment Act, police station Kotwali, District Fatehpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that applicant is step- son of first informant and that allegations made against applicant that he has committed murder of his father, are thoroughly false and improbable. It was further submitted that first informant has claimed himself as eye witness but he has not sustained any serious injury and merely some minor injury was shown on his person. It was also submitted that in the FIR applicant and co-accused Gaurav Mishra as well as three unknown persons were named and it was alleged that all the five accused persons have fired at deceased and caused injuries to the deceased, whereas in the postmortem report, only one firearm injury and two other minor injuries have been shown. Learned counsel has submitted that in FIR there is no such version that which of the accused has caused firearm injury to deceased and that during investigation, first informant has developed his version by alleging that applicant has caused firearm injuries to the deceased and that the alleged version of first informant is thoroughly false and that there was no dispute of property between them. It was further submitted that applicant has no motive at all to commit murder of his father. It has further been argued that the applicant is in judicial custody since 24.10.2018, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in the FIR and that as per prosecution version, he has committed murder of his father. It was further submitted that in his statement, recorded under Section 161 Cr.P.C., first informant has clearly stated that applicant has caused firearm injuries to the deceased. It was also submitted that first informant has also sustained injuries in the same incident. Learned counsel has further submitted that trial of the case is at advanced stage and all the material witnesses have already been examined.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Ravi Shankar @ Babbi Mishra is rejected.
However, keeping in view the period of detention of the applicant, Trial Court is directed to expedite the trial and to decide the same expeditiously, preferably within a period of one year from the date of production of a certified copy of this order.
A copy of this order be forwarded to the concerned court below for necessary compliance.
Order Date :- 28.10.2021 Anand