Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43772 of 2017 Applicant :- Shama Opposite Party :- State Of U.P.
Counsel for Applicant :- Devendra Deo Gupta Counsel for Opposite Party :- G.A.,Bratendra Singh,Maohammd Nadeem
Hon'ble Suneet Kumar,J.
Learned counsel for the petitioner has filed counter affidavit which is taken on record.
Heard learned counsel for the applicant, learned counsel for the petitioner and the learned A.G.A. perused the record.
This bail application has been filed on behalf of the applicant involved under Section 302, 504, 34 I.P.C., Police Station Kotwali, District Mainpuri, arising out of case crime No. 453 of 2017.
As per the prosecution case, applicant had provided the revolver to co- accused Kanua @ Waseem, consequently, co-accused Kanua @ Waseem caused fire arm injury to the deceased; postmortem examination report supports the prosecution case; eye witness account have affirmed the incident; applicant was arrested on the spot; applicant is languishing in jail since 18.4.2016 and shall be entitled on bail.
Learned counsel for the petitioner and learned A.G.A. have opposed the prayer for bail submitting that the applicant was a notorious person; applicant is not co-operating with the trial; applicant has previous criminal antecedent; it is not in pubic 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 within six months 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 :- 20.9.2018 Saurabh