Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30625 of 2019 Applicant :- Veeru Opposite Party :- State Of U.P.
Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This is second bail application. The first Criminal Misc. Bail Application No.48125 of 2017 was rejected by this Court vide order dated 9.4.2019.
Heard learned counsel for the applicant as well as Sri C.P. Singh learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that six witnesses of fact have been examined by the trial Court but they have not supported the prosecution case. He further submitted that applicant is languishing in jail since 11.1.2017(more than two years and six months). In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA opposed and submitted that first bail application was dismissed on merit and within seven months second bail application was moved. It will not be proper to appreciate the evidence produced before trial Court, by this Court. No new ground has been shown. Main role of firing on deceased was assigned to the applicant. Therefore, the 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 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application of applicant Veeru involved in Case Crime No.02 of 2017, under Section 302 IPC, Police Station North, District Firozabad is hereby rejected.
Court concerned is directed to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
SSP/SP, Firozabad is directed to ensure presence of witnesses summoned by the Court concerned.
Office is directed to send copy of this order to SSP/SP, Firozabad and the Court concerned within five days by fax, e-mail and speed post.
Order Date :- 30.7.2019/P.P.