In a criminal miscellaneous bail application, the court rejected the bail plea of an applicant accused of murder. The court noted the applicant's involvement and criminal history, directing the trial court to expedite the trial within one year.
Bail application rejected; trial to be expedited within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23297 of 2018
Applicant :- Haidar Opposite Party :- State Of U.P. Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri D.P. Singh, learned counsel for the applicant, Sri M.P.S. Gaur, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that though eight accused persons including the applicant were named in the F.I.R. but four accused persons, namely, Javed, Imtiyaz, Nabbaz and Amir @ Billu have been exonerated during the course of investigation and the applicant along with his three real brothers, namely, Wahid, Faisal and Mobeen has been implicated in the present case due to village partybandi. He submits that naming of the applicant along with his three real brothers is an afterthought. The applicant is in jail since 16.4.2017.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the incident has taken place in broad day light at 3 p.m. The deceased has received as many as four fire arm injuries and country made pistol has been recovered at the pointing out of the applicant and there are other ante mortem injuries found on the person of the deceased. The applicant has a criminal history of 18 cases out of which one is under section 302 I.P.C.
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 Haider involved in Case Crime No. 199 of 2016 under section 302, 506 I.P.C., police station Jhinjhana, District Shamli.
Accordingly, the bail application is rejected .
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of one year from the date of production of a certified copy of this order, if, there is no legal impediment.
The applicant is directed to produce a certified copy of this order before the court concerned forthwith for its compliance.
Order Date :- 25.6.2018
Shiraz
1 issue framed by the court
Whether good and sufficient cause exists for the grant of bail to the applicant charged under Sections 302, 506 IPC.
Haidar
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
