Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33788 of 2018 Applicant :- Shamim Opposite Party :- State Of U.P.
Counsel for Applicant :- Sayeed Saif Ullah,Sufia Saba Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and the learned A.G.A.
This bail application has been filed on behalf of the applicant involved in S.T. No. 540 of 2015, under Sections 147, 148, 149, 302, 120-B I.P.C., Police Station Kotwali, District Muzaffar Nagar arising out of case crime No. 11 of 2015.
It is urged that co-accused Rijwan has already been enlarged on bail by the co-ordinate Bench of this court; copy of bail order is placed on record; as per the prosecution case, three named and four un-named persons were said to have caused fire arm injury on the deceased; postmortem examination report supports the prosecution version showing 15 gun shot injuries including 10 entry wounds.
It is urged by learned counsel for the applicant that the prosecution witness have turned hostile and do not support the prosecution version.
Learned A.G.A. has opposed the prayer for bail submitting that the applicant is named in the F.I.R.; assault weapon has been recovered on his pointing out of the applicant; applicant is one of the main accused person involved in the aforesaid crime; it is not in public 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 :- 5.9.2018 Saurabh