Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39891 of 2015 Applicant :- Sani Singh Sengar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar,Virendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Virendra Kumar Gupta, learned counsel for the applicant and learned AGA.
The present bail application has been filed by the applicant in Case Crime No. 2469 of 2014, u/s 302/34, 120B IPC, P.S. Kotwali Orai, District Jalaun with the prayer for enlarging him on bail.
Learned counsel for the applicant submitted that the applicant is not named in the F.I.R. and the prosecution introduced some eye witness account during investigation in which it is stated that the applicant had fired on the deceased; the recovery of weapon from the possession of the applicant is totally false and fabricated. Later on, in the statement of wife of the deceased he has been made accused, at that stage role of firing has been given to the applicant whereas no role has been assigned to other two accused; it is further submitted that witnesses of fact have not supported the prosecution case and they have been declared hostile which includes wife of the deceased, therefore, the applicant, who is in jail since 16.7.2014 may be enlarged on bail.
Per contra learned AGA opposed the prayer for bail and submitted that there is consistent version of firing on the deceased by the applicant, therefore, he is not entitled to be enlarged on bail.
Having heard learned counsel for the applicant, learned AGA for the State and considering the facts and circumstances of the case, I do not find it to be a fit case for enlarging the applicant on bail. The bail application is, accordingly, rejected.
However, the applicant is in jail since 16.7.2014 the trial court is directed to expedite the trial and conclude the same preferably within the period of four months from the date of production of the certified copy of this order before the trial court.
Order Date :- 21.1.2019 Dhirendra/