Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19885 of 2016 Applicant :- Saeed Ahmad Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Mishra,Azad Khan,Brijesh Sahai Counsel for Opposite Party :- G.A.,Mewa Lal Shukla
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Mewa Lal Shukla, learned counsel for the informant and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 826 of 2015, under Section 302/120-B I.P.C., P.S.- Dhumanganj, District- Allahabad, is seeking enlargement on bail during the trial.
Learned counsel for the applicant that the incident had taken place on 20.12.2015 in the darkness of night. After the body of the deceased was recovered, the F.I.R. of the incident was lodged by his father-in-law falsely implicating the applicant. He further submitted that the applicant who has no criminal antecedents to his credit and is languishing in jail since 21.12.2015, is entitled to be released on bail during the pendency of the trial.
Per contra learned A.G.A. has opposed the prayer for bail and submitted that the incident was witnessed by one Sairuddin who is the real brother of the deceased and the role of firing has been specifically assigned by him to the applicant. The postmortem report of the deceased fully corroborates the prosecution case. Hence, the applicant is not entitled to be released on bail.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, I am not inclined to enlarge the applicant on bail.
Hence, the prayer for bail is refused.
However considering the peculiar facts and circumstances of the case, the concerned trial Judge is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties. In case the trial of the applicant is not concluded within the period stipulated hereinabove, the applicant may move a fresh bail application before this Court.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 26.7.2018 Praveen