Heard Sri Abhishek Tripathi, learned counsel for the applicant, Sri Ashwini Prakash Tripathi, learned A.G.A. and perused the material on record.
The office has complied with the order dated 05.01.2021 of this Court and has tendered its explanation, the same is accepted.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Shishu Verma seeking enlargement on bail during trial in connection with Case Crime No. 772 of 2017, under Section 302 IPC, registered at P.S. Bindhoo, District Kanpur Nagar.
Learned counsel for the applicant argued that the applicant is not named in the First Information Report which has been registered against unknown persons on the information of one Gore Singh. It is argued that the statement of Gore Singh has been recorded before the trial court which is annexed as annexure S.A.-1 to the supplementary affidavit, in which, he does not name the applicant as an assailant but states therein that when he reached the place of occurrence, he saw the deceased Vikas Dubey lying dead there and a lot of crowd of police was present who were doing the paper work. It is argued that as such Gore Singh is not an eye witness of the incident. It is further argued that there is no other eye witness of the incident and the applicant has been falsely implicated. It is argued that the applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 23.11.2017.
Per contra, learned AGA opposed the prayer for bail and argued that the deceased as per the postmortem report received as many as seven injuries on his body and his entire head was badly butchered which was the cause of death. It is argued that since the trial is under progress, release of the applicant, may have an adverse effect on trial.
I have heard learned counsel for the parties and have gone through the records, I do not find it a 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.
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 :- 20.1.2021 M. ARIF (Samit Gopal, J.)