Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31591 of 2018 Applicant :- Shashendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharique Ahmed,Vimlendu Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Sri Deepak Dubey, learned counsel for the informant has filed vakalatnama which is taken on record.
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. 111A/2016, under Sections 148, 302/149 of I.P.C., Police Station Kotwali Auraiya, District Auraiya arising out of case crime No. 76 of 2016.
Heard Sri Gopal Swaroop Chaturvedi assisted by Sri Vimlendu Tripathi and Sharique Ahmed, learned counsel for the applicant, Sri Deepak Dubey, leanred counsel for the informant and learned A.G.A. have perused the record.
As per the prosecution case, cousin brother of the informant and informant went along with Yashpal Singh and Ajeet Singh in a car; three named and three unnamed persons ambushed them and opened indiscriminate fire, resultantly, the cousin brother died while taking him to the hospital; others escaped from the car and hid themselves in the fields. During investigation, name of the applicant was dropped as he was not found on the spot; eye-witnesses account have named the applicant and the others being involved in the commission of the crime; during trial the statements of witnesses PW-1 (informant) and PW-2 (Yashpal Singh) were recorded and they have supported the prosecution version that the applicant was present on the spot and fired; postmortem examination report reflects eight entry and exit wounds all caused by gun shot injury.
The learned Senior Counsel submits that the applicant is not involved in the incident, he was not present on the spot, further, submitted that there is contradiction in the prosecution version, consequently, the applicant is entitled to be enlarged on bail; applicant is languishing in jail since 1.6.2018.
Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail, attention of the Court has been drawn to the order passed by the Hon'ble Supreme Court wherein it is observed that material collected during further investigation without approval and concurrence of the court cannot be read, consequently, rejected the petition filed against summoning of the applicant under Section 319 Cr.P.C. It is further urged that informant and the eye witnesses account suggest that applicant was present on the spot of the incident which is substantiated and corroborated by the postmortem examination report. Further, applicant is not co-operating in the trial, consequently, till date the charge could not have been framed against the applicant; it will not be in public interest to enlarge the applicant on bail at this stage.
The bail application is, accordingly, rejected.
The trial Court is directed to expedite the trial and conclude the same expeditiously on day to day basis 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 :- 21.8.2018 Saurabh