The Court rejected a bail application filed by Govind in a murder and forgery case. The Court distinguished the applicant from co-accused already granted bail due to the applicant being named in the FIR with a specific motive. The trial court was directed to expedite the trial.
Bail application rejected; Director trial court to expedite trial.
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Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2309 of 2019
Applicant :- Govind Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Mishra,Bhavya Sahai,Narendra Kumar Singh Counsel for Opposite Party :- G.A.,Rajeev Kumar Singh Parmar
Hon'ble Raj Beer Singh,J.
Rejoinder affidavit filed today is taken on record.
The present bail application has been filed by the applicant in Case Crime No. 396 of 2018, under Sections 302, 201, 120B, 404 of IPC, Police Station Jahanganj, District Farrukhabad with the prayer to enlarge the applicant on bail.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and there is no evidence against him. It was submitted that the prosecution version regarding alleged last seen evidence has been developed after postmortem examination of deceased, when they came to know about the cause of death. The motive part is also developed later on by prosecution that applicant was having illicit relation with wife of deceased Anil. It was submitted that in First Information Report, there was no such version. It was further argued that there is no eye witness of alleged incident and that co-accused Neeraj Rajput and Raman Yadav were also attributed with similar role but they have been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 8828 of 2019 and 27130 of 2019 respectively, copies of which are taken on record. It was further submitted that applicant is languishing in jail since 24.09.2018 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as Sri Naveen Singh, Advocate holding brief of Sri Rajeev Kumar Singh, learned counsel for the complainant have opposed the prayer for bail and argued that applicant is named in FIR and motive has also been attributed to applicant as he was having illicit relation with wife of deceased Anil. It was further submitted that there are no such
reasons as to why applicant would be falsely implicated in this case.
It is apparent from record that role of applicant is distinguished from co-accused persons, who have been granted bail earlier as applicant was named in FIR and specific motive was attributed to him, applicant is not entitled for bail on the ground of parity with alleged co-accused persons.
Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence, role of applicant, motive attributed to him and all attending facts and circumstances of case, this Court is not inclined to allow the bail application, hence, the bail application is hereby rejected.
However, keeping in view period of incarnation of applicant, learned trial court is directed to expedite the trial and to decide the same as early as from the date of filing of a certified copy of this order before the Court concerned.
Order Date :- 9.12.2019 Mohit
3 issues framed by the court
Whether bail should be granted to the applicant in a case involving murder and forgery where he was named in the FIR with specific motive attributed.
Whether the applicant is entitled to bail on the ground of parity with co-accused persons who have already been granted bail.
Whether the trial court should be directed to expedite the trial considering the applicant's incarceration period.
Govind
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
