Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2752 of 2015 Applicant :- Shrawan Kumar Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- Govt. Advocate,Anand Vikram Singh
Hon'ble Rajul Bhargava,J.
Heard Sri Anand Vikram Singh, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Shrawan Kumar Sharma seeks bail in Case Crime No.208 of 2012, under Sections 323, 504, 302 I.P.C., Police Station- Garh, District- Ghaziabad.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is next contended that statement of some of the witnesses have been recorded during trial and some of them have not supported the prosecution case. There is no early prospect of conclusion of trial. Thus the applicant, who is in jail since 27.11.2012, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for the bail.
Having heard learned counsel for the applicant as well as learned A.G.A. for the State and considering the statement of the deceased recorded by the Investigating Officer in which she has specifically stated that the applicant, who is her husband, was a drunkard and it was opposed by the deceased, whereupon, the applicant poured kerosene oil on her and set her ablaze, thus, the applicant being the main accused, I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 27.11.2012, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible on day to day basis preferably within a period of four months from the date of production of a certified copy of this order, if there is no legal impediment.
Office is directed to communicate the order to Session Judge, Ghaziabad within 72 hours.
Order Date :- 29.1.2019 Vikas