Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35950 of 2018 Applicant :- Sachin Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Sahai,Ravindra Kumar Tripathi,Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Sanjeev Kumar Pandey, learned counsel for the applicant, Sri A.R. Chaurasia, learned A.G.A. for the State and perused the record.
The first bail application of the applicant was rejected for want of prosecution by this Court on 20.07.2018. This is the second bail application on behalf of the applicant.
It has been argued by learned counsel for the applicant that the incident has taken place in heat of passion. The case does not travel beyond Section 304 (II) I.P.C. He further submitted that the witnesses of fact have been recorded and only formal witnesses are left. The applicant is languishing in jail since 07.08.2015.
Learned AGA opposed the prayer for bail and submitted that the applicant is the main shooter to whom a countrymade pistol was also recovered and the incident has taken place at 7.15 AM. The ocular testimony corroborates the post mortem report.
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 Sachin, involved in case crime no. 321 of 2015 under Section 302, 307 and 323 I.P.C., P.S. Dankaur, District Gautam Buddh Nagar is, accordingly, rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within a period of four months from the date of production of certified copy of this order before the trial court if the same has already not been concluded.
The applicant is directed to produce the certified copy of this order before the trial court for its compliance.
Order Date :- 26.4.2019 Nirmal