Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44083 of 2017 Applicant :- Sudheer Jha Opposite Party :- State Of U.P.
Counsel for Applicant :- Laxman Pathak,Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
As per the prosecution version, deceased was found dead in the kitchen bleeding from her mouth; it was apprehended that she died due to electric shock; in the FIR apprehension was raised by the husband of the deceased against her relatives that they killed the deceased; during investigation name of the applicant surfaced; call details shows that the applicant was in touch of the deceased; applicant is a taxi driver and on the pointing out of the applicant weapon used for assault was recovered; postmortem report shows two injuries contusion and lacerated wound around the skull.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case; applicant having no other reported criminal antecedents is languishing in jail since 14.6.2017, hence the applicant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that the assault weapon was recovered on the pointing out of the applicant, further, the prosecution version has been supported and corroborated by the prosecution witnesses; it is not in public interest to enlarge the applicant on bail at this stage.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Sudheer Jha involved in Case Crime No. 217 of 2017, under Sections 302 IPC, P.S. Prem Nagar, District Jhansi.
Accordingly, the bail application is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 21.8.2018 S.Prakash