Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26934 of 2021 Applicant :- Satish Opposite Party :- State of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi,Gufran Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Mr. N.I. Jafri, learned Senior Advocate assisted by Ms. Nasira Adil, learned counsel for the applicant and perused the record.
This is an application for bail on behalf of the applicant Satish in connection with Case Crime No. 18 of 2018, under Sections 302 IPC, P.S. Musajhag, District Budaun.
The informant, Anita, wife of the applicant, has lodged the first information report against the applicant, Satish Maurya mentioning therein that her father (the deceased) had done to death right in front of her eyes, (the informant).
Learned A.G.A. has vehemently opposed the prayer for bail. It is submitted by the learned A.G.A. that it is a case of brutal murder, where the applicant has killed in own father-in-law in front of his wife. It is a broad day light murder having an eyewitness account. It is also submitted that a country made pistol (Tamancha 315 bore) has also been recovered from applicant's possession.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of learned counsel for the parties, I am not inclined to exercise my powers under Section 439 Cr.P.C. The applicant's bail application is, accordingly, rejected.
It is submitted by Mr. Jafri, learned Senior Advocate that S.T. No. 392 of 2018 is pending where P.W. 1 has been examined.
The learned Trial Court is directed to gear up the matter and make every necessary endeavour to conclude the trial within a period of one and half year from the date of production of a certified copy of this order. It is also directed that the applicant shall cooperate with the trial.
It is made clear that observations made hereinabove is limited to the purpose of bail application. It shall not come in the way and the learned Trial Judge who shall apply his own independent judicial mind while deciding the matter.
Order Date :- 29.10.2021 Brijesh Maurya