Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40133 of 2018 Applicant :- Vikki@Vikas Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Anil Kumar Tiwari, holding brief of Sri Rajesh Kumar Mishra, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Vikki@Vikas seeks bail in Case Crime No.260 of 2016, under Sections 302, 34 I.P.C., Police Station- Nauchandi, District- Meerut.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the first informant. The applicant is neither named in the first information report nor in the statement of first informant recorded under Section 161 Cr.P.C. During investigation, his name surfaced on the basis of suspicion. Thus the applicant, who is in jail since 05.08.2016, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and submitted that it is a case of triple murder and sufficient evidence has been collected against the applicant to establish his participation in the present incident. Therefore, the applicant is not entitled to be enlarged on bail.
In the facts and circumstances of the case, I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
However, considering the fact that applicant is languishing in jail since 05.08.2016, the trial court is directed to expedite the trial of aforesaid case and conclude the same in accordance with law without granting unnecessary adjournments to either of the parties as expeditiously as possible preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 30.10.2018 Vikas