A bail application in a case under Sections 147, 323, 326A, 354 IPC was rejected due to the severity of the offense involving acid burns. The court directed the lower court to decide the pending case expeditiously within one year.
Bail application rejected; case directed to be disposed within one year.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6105 of 2019
Applicant :- Chhotu Alias Gaurav Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Tripathi,Ajay Kumar Pandey,Rajeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
The present bail application has been filed by the applicant in Case Crime No. 225 of 2018, under Sections 147, 323, 326A, 354, 452 IPC, Police Station Sadar Bazar, District Agra with the prayer to enlarge the applicant on bail.
I have perused the FIR as well as the order by means of which the bail application has been rejected by the court below.
I have also perused the statement of the victim girl recorded under Section 164 Cr.P.C.
Perusal of the record shows that the applicant has been named in the FIR and he has been assigned a specific role. Perusal of the medical report shows that there is acid burn injuries present.
After hearing the learned counsel for the applicant, learned A.G.A., perusing the averments as contained in the present bail application and 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.
Accordingly, the application for bail is rejected at this stage.
Since it has been informed that the chargesheet has already been filed, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, preferably within a period of one year from the date of production of certified copy of this order before the court concerned 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, if there is no legal impediment.
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.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 15.5.2019 Kuldeep
2 issues framed by the court
Whether the accused is entitled to bail in a case involving undertrasonic burns and acid injuries.
Whether the pending trial should be concluded within one year under Section 309 Cr.P.C.
Colour shows how this judgement treated each authority
Vinod Kumar v. State of PunjabReferred¶12
2015 (3) SCC 220 · Who else cites this
1 provisions across 1 enactments
Chhotu Alias Gaurav
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
