Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25387 of 2016 Applicant :- Santosh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ghan Shyam Das, Kamal Krishna, Mithilesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Mithilesh Kumar Tiwari, learned counsel for applicant, learned AGA for State and perused the material available on record.
2. The present bail application has been moved by accused- applicant for enlarging him on bail in Case Crime No. 37 of 2014, under Sections 147, 148, 149, 302 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Aunchha, District Mainpuri.
3. As per FIR version, applicant and others attacked upon Lakhan Singh (deceased) with axe and Baka on account of which he sustained fatal injuries and died. Injuries to deceased caused by axe and baka are supported by postmortem report and FIR version is also supported by statement of Informant recorded under Section 161 Cr.P.C.
4. Learned counsel for applicant claimed parity with co-accused Jaikesh who has already been granted bail by another Bench of this Court vide order dated 9.1.2019 passed in Criminal Misc. Bail Application No. 1160 of 2019 but after going through the same, I find that therein material was placed before Court to show that applicant Jaikesh was not present at the time of incident and he was elsewhere and in that view of the matter, co-accused-Jaikesh has been granted bail but that alibi is not available in the present case.
5. Considering the question of parity, statement of witnesses as well as FIR version, I do not find it a fit case where applicant should be enlarged on bail.
6. As the matter is pending since 2016 and accused-applicant is in jail since 06.05.2014, in my view, Trial Court should conclude trial expeditiously.
7. Subject to above observation, bail application of applicant is rejected.
Order Date :- 29.5.2019 Siddhant Sahu