Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41331 of 2018 Applicant :- Vinod Kumar Nishad @ Guru Opposite Party :- State Of U.P. Counsel for Applicant :- Vineet Pandey Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Present bail application has been filed by the applicant in case crime no.87 of 2018, under Sections 147, 148, 149, 302, 34 I.P.C. and Section 7 of Criminal Law Amendment Act, P.S. Chowk, District Varanasi.
Learned counsel for the applicant submitted that the present applicant has falsely been implicated in this case. He has not committed any offence as alleged in the F.I.R.. No recovery was made from the possession or pointing out of the applicant. There are no eye witnesses except Prabhu Sahani, who is relative of the informant. The F.I.R. has been lodged after thought to implicate the applicant. The applicant has no criminal history. He is in jail since 21.05.2018.
Learned A.G.A. vehemently opposed the submissions advanced by learned counsel for the applicant. He submitted that the present applicant is named in the F.I.R. Prabhu Sahani, who is eye witness, has supported the version of the F.I.R.. Present bail application is liable to be rejected.
I have heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Bare perusal of the F.I.R. it shows that statement of Prabhu Sahani, who is eye witness, has fully corroborated the version of the F.I.R.
Considering the facts and circumstances of the case, nature of offence and punishment provided therefor, I do not find any ground to release the applicant on bail. Hence the bail application of the applicant is rejected at this stage.
However, considering the detention of the applicant in jail, the court below is directed to expedite the proceedings of S.T. No.243 of 2018 and try to conclude it expeditiously, preferably within a period of six months from the date a certified copy of this order is produced before it.
Order Date :- 31.10.2018 Asha (Chandra Dhari Singh,J.)