This judgment dismisses a second bail application filed by an accused in a criminal trial involving assault. The court rejected bail as the inquiry had reached nearly the conclusion with only formal witnesses remaining to be examined, noting no good grounds for release.
Bail application rejected; trial directed to be completed expeditiously.
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Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12198 of 2020
Applicant :- Ram Murat Opposite Party :- State of U.P. Counsel for Applicant :- Satya Dheer Singh Jadaun,Vinay Kumar Pal
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for applicant, Shri Vinay Kumar Pal and learned AGA, Shri Rajesh Mishra, appearing for the State.
By means of this second bail application the applicant has prayed that he may be enlarged on bail in Case Crime No. 288 of 2015, under Sections 323, 504, 304 I.P.C., Police Station Pahari, District Chitrakoot, during pendency of trial.
The First Information Report of this incident was lodged by complainant Buddha Vilas Raidas on 29.11.2015 against accused applicant with the allegation that his real younger brother Ram Murat (applicant), today, in morning at 7:30 A.M. assaulted with spade on his wife Rannu Devi, his son Ajay Kumar and baby Shivani when he was stopped to abuse them. The matter was reported to the police and First Information Report was lodged under the aforesaid Sections. Since 30.11.2015 the applicant is in jail.
The learned counsel for applicant has submitted that accused is quite innocent and he has been falsely implicated in this case. It is further submitted that the accused is in jail for the last five years and trial has yet not been completed. Lastly, it is submitted that till the trial goes on pending, the applicant be released on bail and he will not misuse the liberty of bail.
On the other hand, the learned AGA submits that the witnesses of fact have been examined and only formal witnesses have to be examined. Thereafter the matter is about to reach at the stage of Section 313 Cr.P.C. and at such a stage, it would not be proper to enlarge the applicant on bail. It is also submitted by him that the accused has not been falsely roped in this case as the First Information Report was lodged against present accused by his own real brother.
Considering the submissions made by the learned counsel for the parties, considering the allegations that the accused has
assaulted his own real brother's wife and children and considering that the trial will be concluded soon, without expressing any opinion on the merit of the case, this Court finds no good ground to enlarge the accused applicant on bail.
Accordingly, the bail application is rejected.
However, the lower court is directed to complete the trial as expeditiously as possible.
Order Date :- 6.7.2020 LBY
2 issues framed by the court
Whether the applicant is entitled to bail in the pending trial stage when fact witnesses have been examined.
Whether irresistible probability of conviction exists given the allegations of assault on the applicant's brother's family.
Ram Murat
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
