Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46849 of 2017 Applicant :- Shiv Prashad Opposite Party :- State Of U.P.
Counsel for Applicant :- Umair Mahmood,Alok Sharma,Rajendra Singh,Suresh Kumar Gupta Counsel for Opposite Party :- G.A.,Shri Prakash Dwivedi
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged in Case Crime No. 0215 of 2017, under Section 302 & 120B I.P.C., Police Station Gopiganj, District Bhadohi against four accused persons, namely, Shiv Prasad, Sarkar, Subhash and Bau alleging that on 14.6.2017, they killed Shivchandar (deceased), brother of the complainant, and he died receiving one gun shot injury. Later on, statement of Ramchandar, brother of the deceased, was recorded in which he stated that due to dispute of land and litigation before the court the applicant threatened several times to kill the deceased and on the date of incident they killed the deceased by shot fire. Later on country made pistol was also recovered at the pointing out of the applicant.
Learned counsel for the applicant submitted that initially on the basis of suspicion F.I.R. was lodged. Later on, after sixteen days of the incident, the statement of Ramchandar was recorded. Due to previous enmity the applicant has been falsely implicated. So called recovery shown at the pointing out of the applicant is false and fabricated. The applicant is languishing in jail since 5.7.2017 (more than one year and nine months) having no criminal history. Due to heavy load work in the trial court, there is no possibility to get this case decided in near future. There is no independent witness against the applicant. In case he is released on bail, he will not misuse the liberty of bail and co- operate with trial.
Learned A.G.A. submitted that the applicant is the main accused and he killed the deceased by short fire and country made pistol was also recovered at the pointing out of the applicant. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis.
D.M. & S.P./S.S.P,- Bhadohi are directed to ensure the presence of the witnesses summoned before the court below.
Office is directed to send a copy of this order to the court concerned immediately for compliance.
Order Date :- 29.4.2019 OP