In a criminal bail application, this court rejected the prayers for bail, noting the heinous nature of the involved murder charge (Section 302 IPC) and the applicant's role as the main accused who fired shots resulting in death.
Prayer for bail was dismissed; trial directed to conclude within preferably six months.
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. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13672 of 2019
Applicant :- Ashish Sonkar Opposite Party :- State Of U.P. Counsel for Applicant :- Abhishek Tripathi Counsel for Opposite Party :- G.A.,Anand Mohan Pandey
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that the applicant is innocent, he has not committed any crime as alleged by prosecution. It is further submitted that the co-accused has also been granted bail by this Hon'ble Court. The applicant is not a criminal and he has no criminal history till now except the present false case on account of which he is in jail since 08.04.2018
Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer for bail and submitted that the accused applicant is named in the First information report. He is the main accused, who gave fire arm shots over the deceased, resulting his death. The offence is heinous in nature.
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 Ashish Sonkar involved in Case Crime No. 50 of 2018, under Section 302, 120B I.P.C., police station Pheelkhana, District Kanpur Nagar.
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 six months from the date of production of a certified copy of this order, if, there is no legal impediment.
Order Date :- 31.7.2019 Arti
1 issue framed by the court
Whether bail should be granted to an applicant charged with heinous offences including murder.
Ashish Sonkar
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
