Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11307 of 2018 Applicant :- Vivek Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Bipin Kumar Rao,Sr. Advocate Sri V.P. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri VP Srivastava, learned Senior Advocate assisted by Sri Bipin Kumar Rao, learned counsel for the applicant, learned AGA for the State and perused the record.
The applicant Vivek Singh is seeking bail in Case Crime No. 240 of 2017, under section 302 IPC, P.S. Kachhawa, District Mirzapur. He is suffering incarceration in jail since 22.07.2017.
Learned counsel for the applicant submitted that though the applicant is named in the FIR, which was registered on 08.07.2017 without any inordinate delay by Ram Raj Yadav, the informant. The prosecution version is that Ram Jatan Yadav, son of the informant was shot at by the assailants Vivek Singh, Monu Singh and one unknown person. After sustaining gun shot injury, the injured had informed his uncle (Chacha) Kewla Prasad Yadav and without wasting much of time, his uncle along with the informant rushed to the place of occurrence, where the informant's son, after sustaining gun shot injury was lying in precarious state, soaked in blood and the injured in that pitiable condition revealed that co-accused Vivek Singh (present applicant) has shot at him and when he tried to flee from the site then co-accused Monu Singh along with an unknown miscreant caught hold of him, thereafter co-accused Monu Singh shot two more fires in his stomach. The post mortem examination report of the deceased reveals that he sustained three abrasion of gun shot injuries. Injury nos. 1 and 2 are communicating to each other with wound track from left side anterior abdominal wall. Similarly, injury no. 3 too on the tender part of the body of the deceased. The X-ray report of the deceased shows that there was a metallic shadow in abdominal cavity piercing left lobe of the lever and in the similar fashion he sustained two more firearm injuries on his person. In the statement recorded under section 161 Cr.P.C., the informant reiterated the same story as mentioned in the FIR, attributing the role of firing at the deceased on the applicant for causing fatal injury. The statement of Kewla Prasad Yadav, uncle of the deceased under section 161 Cr.P.C., was recoded on 01.09.2017 has also seconded in the similar pattern. Further learned counsel for the applicant submitted that after receiving serious injuries over his person, it is next to impossible that the injured would be in a position to disclose or reveal anything about the incident. This Court is at all not impressed with this part of the argument of the learned counsel for the applicant. It can be well adjudicated at the final stage of hearing of the trial.
There is a consistent stand of the prosecution that the applicant Vivek Singh has shot lethal fire at the victim, causing his life. There is a recovery of a country made pistol from the residence of the applicant, which is said to be used in the commission of crime.
Keeping in view the severity of the offence, evidence, complicity of the accused, without expressing any opinion on merits, this Court declines to grant any relief to the accused applicant.
The application for bail is, accordingly, rejected.
However, the trial court is directed to gear up the trial of the aforesaid case and conclude the same by 31.12.2018 in accordance with law, without granting any unnecessary adjournment to either of the parties, provides the applicant fully cooperates in conclusion of the trial.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 29.3.2018 shailesh