Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23325 of 2019 Applicant :- Ravindra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Gajendra Singh, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Ravindra Singh with a prayer to enlarge him on bail in Case Crime No.194 of 2018, under Sections 498-A, 304-B, 302 I.P.C. & 3/4 of D.P. Act, Police Station Jarif Nagar, District Budaun.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. The applicant is the husband and is in jail since 02.06.2018, as such, the applicant has undergone about one year of incarceration. The applicant has no criminal antecedents to his credit except the present one. It is next urged by the learned counsel for the applicant that prosecution witnesses have been examined and had turned hostile. It is next submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Per contra, the learned A.G.A. has opposed the present application for bail and contends that since the trial is at an advanced stage as prosecution witnesses have been examined, interest of justice would be met in case a direction is issued to the court below to conclude the trial expeditiously.
Having considered the submissions made by the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the evidence brought on record as well as considering the complicity of the accused, but without commenting on the merits of the case I do not find any good reason to exercise my discretion in favour of the accused applicant. Thus, the bail application stands rejected.
However, the trial Court is directed to expedite the trial of the present case and conclude the same within six months from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440, if there is no legal impediment.
Order Date :- 4.6.2019
Anand Sri./-