Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9094 of 2017 Applicant :- Varun Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Kailash Pati Singh Yadav,Sikandar B. Kochar Counsel for Opposite Party :- G.A.,Anish Kumar Singh
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned counsel appearing for the complainant and learned A.G.A. for the State and perused the record.
As per the prosecution case, informant along with his cousin and nephew were going on a motorcycle; cousin brothers Srikrishna Yadav and Praveen Yadav were following them on another motorcycle; four persons on two motorcycles including the applicant ambushed the informant and his brothers and started indiscriminate firing; informant received injuries, however, his cousin and nephew succumbed to injuries; informant was examined as P.W. 1 and categorically stated that his cousin Srikrishna Yadav and Praveen Yadav were not following them on the motorcycle, rather, after the incident informant (PW-1) informed them of the alleged incident on mobile phone; assailants were two in number and not four and had their faces masked.
Learned counsel for the applicant submits that applicant claims parity with co-accused Harikesh Yadav, who has been enlarged on bail; P.W. 1 has not supported the F.I.R. version; the applicant having no criminal history is languishing in jail since 2.5.2016, hence the applicant may be released on bail.
Learned A.G.A. and learned counsel for the informant has vehemently opposed the prayer for bail contending that the statement of P.W. 2 though placed on record was not pressed; Praveen Yadav (P.W. 2) is an ocular witness of the incident and has supported the prosecution version; witnesses are under constant threat of life; P.W. 2 on being provided security by the Court appeared and deposed; P.W. 3 is the other witness of fact and is not appearing due to fear of his life; there is long standing enmity between the parties; the deceased was the witness in the murder case of his father, therefore, has been eliminated; P.W. 2 has supported the prosecution case along with P.W. 1; 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 Varun Yadav involved in Case Crime No. 252 of 2016, under Sections 302, 307, 120B IPC and Section 7 of Criminal Law Amendment Act and Section 3/7/25 of Arms Act, P.S. Saidpur, District Ghazipur.
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 on day to day basis 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 :- 25.9.2018 S.Prakash