Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31935 of 2018 Applicant :- Sarita Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Dubey,Santosh Kumar Pandey,Sri Satish Trivedi, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Sri Rajeev Kuma Singh Parmar, learned counsel for the informant has filed vakalatnama which is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant and the learned A.G.A have perused the record.
This bail application has been filed on behalf of the applicant involved under Sections 307, 302 of I.P.C., Police Station Kotwali Farrukhabad, District Farrukhabad arising out of case crime No. 409 of 2018.
As per the prosecution case, applicant is a retired army officer and was constructing his house; some altercation arose with the supplier of cement; resultantly, deceased was subjected to fire arm injury; role of causing head injury by an iron rod has been assigned to the applicant. Learned counsel for the applicant submits that the applicant is innocent and languishing in jail since 1.5.2018.
Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail contending that the deceased has clearly stated in his statement that the head injury by iron rod was caused by the applicant; assault weapon was recovered on the pointing out of the applicant; medico legal report shows lacerated wound on forehead scalp and gun shot wound on the chest which is duly supported in the postmortem examination report; it is not in public interest to enlarge the applicant on bail at this stage.
Considering the facts and circumstances of the case, I am not inclined to allow the bail application.
The bail application is, accordingly, rejected.
The trial Court is directed to expedite the trial and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order provided there is no other impediment.
Office is directed to send a certified copy of this order to the trial Court concerned for immediate compliance.
Order Date :- 24.8.2018 Saurabh