Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16126 of 2016 Applicant :- Vijay Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Singh Counsel for Opposite Party :- G.A.,Rajendra Tiwari
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and the learned A.G.A. perused the record.
Sri Rajendra Tiwari, learned counsel for the informant had sent illness slip on 23.5.2018. Today, he has again sent his illness slip, to which learned counsel for the applicant opposed and submits that the application be heard on merit.
This bail application has been filed on behalf of the applicant involved under Section 307, 352, 427, 326 A I.P.C., Police Station Cholapur, District Varanasi arising out of case crime No. 22 of 2016.
It is urged by learned counsel for the applicant that co-accused Mahendra @ Dhakar has already been enlarged on bail by this court; as per the prosecution case, informant along with the deceased was returning on motorcycle; they were ambushed by four nominated accused persons including the applicant; petrol was poured upon the deceased and was set on fire by the applicant; resultantly, applicant succumbed to injury; postmortem examination report supports the prosecution case; witnesses in their statement under Section 161 Cr.P.C. have supported the prosecution version; deceased in his dying declaration recorded on the subsequent date has stated that co- accused Ramesh Patel poured the petrol over him and applicant set him on fire; applicant has been assigned the main role of setting the deceased on fire.
Learned counsel for the applicant submits that the incident is of 8:45 PM, deceased was rushed to the government hospital, thereafter, referred to B.H.U. and then the applicant was brought to private hospital; there is contradiction in the statements of the prosecution witnesses; Doctor (PW-4) has stated that the deceased was not referred to B.H.U. Learned counsel for the applicant further submits that the applicant is entitled to be enlarged on bail; criminal antecedent of the applicant has been duly explained.
Learned A.G.A. has opposed the prayer for bail submitting that specific role of assault has been assigned to the applicant in the commission of the offence along with other co-accused persons; deceased was set on fire by the applicant; the trial is at an advanced stage; it is not in public interest to enlarge the applicant on bail at this stage.
Considering the facts and circumstances of the case, I am not inclined to allow the bail application.
The bail application is, accordingly, rejected.
The trial Court is directed to expedite the trial and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order provided there is no other impediment.
Office is directed to send a certified copy of this order to the trial Court concerned for immediate compliance.
Order Date :- 7.9.2018 Saurabh