Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40315 of 2019 Applicant :- Saupali Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri D.N. Tiwari, learned A.G.A. for the State and perused the record.
According to prosecution case, one dead body of Vinod was found receiving two incised wounds, one punchered and one lacerated wound. F.I.R. was lodged against unknown person alleging that he was killed. During investigation, name of the applicant was disclosed and at the pointing out of applicant 'Gandasa' (sharp edged weapon) with bloodstained used in the crime was also recovered.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and is languishing in jail since 20.12.2018 (more than nine months) having no criminal history. He is not named in the F.I.R. On the basis of suspicion Police arrested the applicant and planted the recovery of 'Gandasa'. He has no concern with this crime. There is no independent witness and in case he is released on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is alone accused in this case and weapon with bloodstained used in the crime was also recovered at the pointing out of the applicant. There is no chance of false implication of the applicant and he is not entitled to bail. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage in Case Crime No. 809 of 2018, under Sections 302, 201 I.P.C., Police Station Gunnour, District Sambhal.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
D.M. & S.P./S.S.P,- Sambhal are directed to ensure the presence of the witnesses summoned before the court below. The learned District Judge, Sambhal is also directed to monitor the case on monthly basis in the Monitoring Cell.
The court concerned is also directed to send a detail report after every three months showing the reason therein why the case is not being decided, which shall be kept on record.
Office is directed to send a copy of this order to D.M. & S.P./S.S.P,-Sambhal as well as to the court concerned within three days for compliance.
Order Date :- 27.9.2019/OP