Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35447 of 2018 Applicant :- Yashwant @ Saurabh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharad Sharma,Shivendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A.
As per the prosecution case, the deceased sister of the applicant married Jitendra Kumar the informant against the wishes of her family; consequently, on the date of incident the deceased was forcefully taken away by the applicant and co-accused Gurudyal Singh father of the deceased, thereafter, she was murdered by applicant; eye witnesses account and postmortem examination report have supported the prosecution version and the time and date of the crime; it is a case of honour killing.
It is alleged by learned counsel for the applicant that the applicant is innocent person and he has been falsely implicated; there is no evidence against the applicant; the applicant is in jail since 21.04.2018; he is entitled to be enlarged on bail.
Learned A.G.A. has vehemently opposed the prayer for bail and submits that main role of murder has been assigned to the applicant; eye witnesses account and postmortem examination report support the prosecution case; it is not in the public interest to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant, Yashwant @ Saurabh, involved in Case Crime No. 11 of 2018, under section 364, 302, 201, 120B, 323, 34 I.P.C., Police Station Shahzadnagar, District Rampur.
Accordingly, the bail application is rejected.
The trial court is directed to expedite the trial of the aforesaid case and conclude the same expeditiously on day to day basis from the date of production of a certified copy of this order, if, there is no legal impediment.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 20.9.2018 K.K. Maurya