Heard Sri Subhash Chandra Yadav, learned counsel for the applicant, Sri Sanjay Singh, learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Shamim Akhtar @ Pappu seeking enlargement on bail during trial in connection with Case Crime No. 244 of 2017, under Sections 302, 307, 504 IPC and Section 27/30 Arms Act, registered at P.S. Dakshintola, District Mau.
Learned counsel for the applicant argued that the applicant is the son of the deceased. It is argued that there was some hot discussion between the deceased and the applicant for the partition of property, in which, the applicant brought his gun and fired upon his father as a result of which he died. It is argued that there was no premeditation and incident appears to have taken place on the spur of the moment. It is further argued that three prosecution witnesses have been examined and the trial is under progress. The applicant is said to have no criminal history as stated in para 18 of the affidavit and is in jail since 23.07.2017.
Per contra, learned AGA opposed the prayer for bail and argued that the applicant is the son of the deceased. The role of firing upon the deceased is assigned to him. It is argued that the trial is under progress and there are good chances of the applicant tampering with evidence or threatening the witnesses.
I have heard learned counsel for the parties and have gone through the records, I do not fit case for bail.
Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail at this stage.
The bail application is, accordingly, rejected.
However, at this stage, learned counsel states that a direction may be given to the trial court for expeditious disposal of trial. Accordingly, looking to the period of incarceration, the trial court is directed to expedite the trial and make an endeavour to conclude the same, strictly in accordance with Section 309 Cr.P.C., preferably within a period of six months, without granting unnecessary adjournment to either of the parties, subject to any legal impediment.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.1.2021 M. ARIF (Samit Gopal, J.)