Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35637 of 2018 Applicant :- Shambhu Alias Bharat Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard Sri Ashutosh Upadhyay, learned counsel for the applicant, learned A.G.A. and perused the record.
As per the prosecution case, applicant caused injury by stone in infuriated condition; postmortem examination report and eye witness account supports the prosecution case; witnesses of fact have already been examined.
It is urged on behalf of the applicant that the applicant is innocent and has been falsely implicated having no criminal antecedent; applicant is in jail since 22.07.2017; he is entitled to be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail and submits that the applicant is the prime accused. It is not in the public interest to enlarge the applicant on bail Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Shambhu alias Bharat Singh, involved in Case Crime No. 409 of 2017, S.T. No. 1177 of 2017, under section 302 I.P.C., Police Station Bilari, District Moradabad.
Accordingly, the bail application is rejected.
The trial court is directed to expedite the trial of the aforesaid case and conclude the same expeditiously on day to day basis within six months from the date of production of a certified copy of this order, if, there is no legal impediment.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 24.9.2018 K.K. Maurya