Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22133 of 2019 Applicant :- Suraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Basant Kumar Upadhyay,Chandra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Suraj seeking bail in Case Crime No.58 of 2019, under Sections 147, 323, 506, 307 IPC, Police Station Kotwali Katra, District Mirzapur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that no specific role has been to the applicant in the First Information Report, however subsequently in the statement of the victim recorded under Section 161 Cr.P.C, specific role of pouring kerosene oil upon the victim has been made against the applicant and thereafter she is alleged to have been set ablaze by the family members of the applicant. Lastly, it is submitted that applicant is in jail since 8.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by means.
Per contra, learned AGA for the State has opposed the prayer for bail and has submitted that the specific role of pouring kerosene oil upon the victim has been made against the applicant and thereafter she was set ablaze due to which the victim suffered serious injuries. He has next submitted that the case of the applicant is distinguishable from other co-accused who have already been granted bail.
After considering the facts and circumstances of the case and material available on record, I do not find it a fit case to release the applicant on bail.
Accordingly this bail application is rejected.
The Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 31.5.2019 Rk