Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24768 of 2015 Applicant :- Sanjay Opposite Party :- State Of U.P.
Counsel for Applicant :- R.C. Kushwaha,Anurag Tripathi Counsel for Opposite Party :- Govt. Advocate
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and Sri R.K. Maurya learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No.568 of 2012 u/s 302,201 IPC and 3(2)5 SC/ST act PS Kotwali Hata District Kushi Nagar.
Perusal of the record shows that the bail application is pending since 2015. The bail application is being pressed solely on the ground that the first informant has been examined as PW-1 who says that the FIR has been lodged on the basis of information given by PW-2, who has been declared hostile. Nevertheless the fact remains that other witnesses are yet to be examined.
Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected at this stage.
However, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 23.2.2018 SP