Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40819 of 2017 Applicant :- Wasim Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Chandra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ram Chandra, counsel for the applicant and learned AGA.
The present bail application has been filed by the applicant in Case Crime No. 0638 of 2017, u/s 302 IPC, P.S. Deoband, District Saharanpur with the prayer for enlarging him on bail.
Learned counsel for the applicant submitted that the incident took place at dead hours of the night and it appears to be a blind murder; he submits that the applicant and three others have been falsely implicated in this case alleging that all accused had fired on the deceased, however, dimension of the firearm injury found on the dead body of the deceased indicates that they were fired by the same weapon; he further submitted that the F.I.R. was lodged too prompt which indicates that it was made anti time; he is in jail since 26.9.2016.
Per contra learned AGA states that F.I.R. was lodged within half hours of the incident; specific role of firing on the deceased has been attributed to applicant and three other co-accused, which find support from the post mortem report.
Considering the aforesaid submission made by counsel for the parties and the facts and circumstances of the case, I do not find it to be a fit case for enlarging the applicant on bail. The bail application is, accordingly, rejected.
However, the applicant is in jail since 26.9.2016, trial court is directed to expedite the trial and conclude the same preferably within the period of six months from the date of production of the certified copy of this order before the trial court.
Order Date :- 27.10.2018 Dhirendra/