Court No. - 55
Criminal Misc. Short Term Bail/Parole Application No. 05 of 2018 In Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31914 of 2015 Applicant :- Vijai @ Uttam Gadhed And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Prasad Mishra,A.R.Dwivedi,Ajay Kumar Pandey,Dhiraj Singh,V.B. Rao Counsel for Opposite Party :- Govt. Advocate,Rajesh Kr.Singh
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA.
This short term bail/parole application has been moved by the applicants, who are real brothers, on the ground that the marriage ceremony of daughter of applicant no.1 and niece of applicant no.2 is scheduled to take place on 25th June, 2018, in which they wants to participate therein and to discharge their parental obligation. It is also stated that more than three years have elapsed, the instant bail application could not be decided till date. Hence the applicants may be released on short term bail in Case Crime No. 993 of 2015, under Sections 147, 148, 323 and 302 I.P.C., Police Station Kotwali Nagar, District Banda.
Learned AGA opposed the bail and submitted that it is not possible at this stage to release the accused applicants to attend the marriage ceremony of the daughter of applicant no.1 and niece of applicant no.2 and there is no cogent ground to release the accused on bail because the original file of bail is not annexed herewith as also date of hearing is not fixed for today. On the ground of marriage,it will not be proper to grant short term bail to the applicants. Hearing of the bail application is not possible today. It is further stated that there is every likelihood that in case they are released on short term bail, they may misuse it, as such, they cannot be released even on parole.
Learned AGA further argued that certified copy of FIR relating to this crime is also not filed. Hence he is unable to argue parole application.
Keeping in view of the facts and circumstances of the case and having regard to the nature and gravity of the offence as alleged against the applicants, no case for short term bail is made out. The prayer for short term bail is declined. The short term bail application is, hereby, rejected.
Order Date :- 28.5.2018 (Aniruddha Singh, J.) Sushil/-