Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13226 of 2018 Applicant :- Yusuf Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary,Ashwini Kumar Awasthi,Dr. Arun Srivastav Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
As per the prosecution case, the deceased was subjected to burn injury, resultantly, she succumbed to injuries; in her dying declaration made before the police she has categorically stated that the applicant and co-accused Vijay Pal are responsible for the incident and she has no other enemy; applicant and co- accused Vijay Pal opposed her on her relationship with Altaf.
Learned counsel for the applicant submits that the applicant has been falsely implicated; applicant is languishing in jail since 13.8.2017, hence the applicant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that applicant is the main accused; deceased in her dying declaration has named the applicant; it is not in public interest to enlarge the applicant on bail at this stage.
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 Yusuf involved in Case Crime No. 402 of 2017, under Sections 452, 436, 326, 302, 34 IPC, P.S.
Nawabganj, District Bareilly.
Accordingly, the bail application is rejected.
However, the trial court is further 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.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 25.9.2018 S.Prakash