Jasveer @ Jasvendra Vs State of U.P.

Court No. - 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17224 of 2018

Applicant :- Jasveer @ Jasvendra Opposite Party :- State Of U.P. Counsel for Applicant :- Devesh Kumar Singh,Manish Tiwary,Vinod Singh Counsel for Opposite Party :- G.A.,Kapil Tyagi

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Hon'ble Vipin Sinha,J.

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Heard learned counsel for the applicant, Sri Yogeshwar Rai, learned A. G. A. for the State and Sri Kapil Tyagi, learned counsel for the complainant.

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Applicant has moved the present bail application seeking bail in Case Crime No.436 of 2016 u/s 302 IPC PS Syana District Bulandshahar.

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I have perused the FIR which shows that the applicant has been named in the FIR in which specific role has been assigned to him. It is day light incident. Eye witness account is present. The deceased has received three gunshot wounds of injury.

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Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out at this stage.

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Accordingly, the application for bail is rejected at this stage.

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However, looking to the fact that applicant is in jail since 5.12.2017, it is directed that the trial of the aforesaid case pending before the concerned court below be concluded expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702, if there is no legal impediment.

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It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.

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Order Date :- 8.5.2019 SP

Jasveer @ Jasvendra v. State of U.P.

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Jasveer @ Jasvendra v. State of U.P.

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