This criminal miscellaneous bail application was rejected after the High Court found that no good cause was made out for granting custody bail. The court directed the trial court to expedite the proceedings.
Bail application rejected; trial to be concluded within one year.
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Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16363 of 2020
Applicant :- Kaushal Opposite Party :- State of U.P. Counsel for Applicant :- Ram Ji Yadav,Bhawesh Pratap Singh,Dhirendra Kumar Srivastava,R.B. Singh,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.,Ashish Kumar,Rakesh Kumar Pandey
Hon'ble Ramesh Sinha,J.
Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, Sri Rakesh Kumar Pandey, learned counsel for the complainant, Km. Meena, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that the informant and the deceased had deep rooted enmity with the uncle of the applicant. The deceased and the informant were an accused in the murder case of uncle of the applicant and they have been convicted for an offence under Section 302 IPC by the trial court and the appeal is pending which is of the year 2004 and they were on bail. Another case was recently lodged by the deceased against the applicant, co-accused Subhash and twelve others for offence u/s 419, 420 IPC etc. Though the applicant along with co-accused Arjun has been assigned the main role for assaulting the deceased who died on account of two gun-shot injuries. The incident has taken place at 7 a.m. and the FIR has been lodged on the same day at 9.35 a.m. at the concerned police station but the present FIR appears to be anti-timed. He tried to demonstrate the Panchayatnama which shows that along with offences mentioned in the FIR offence under Section 506 IPC has not been mentioned. Moreover the name of the informant Bankey Lal has been inserted in the Panchayatnama copy of which is annexed with the bail application. No time for registration of the FIR has been shown in the Panchayatnama. In other police papers no crime number has been mentioned, thus false implication of the applicant cannot be ruled out. He further submits that two unknown persons had shot dead the deceased regarding which some of the villagers have also filed an affidavit. The applicant is in jail since 21.12.2019.
Learned counsel for the complainant as well as learned AGA opposed the prayer for bail and submitted that the informant Bankey Lal and Mithai Lal had witnessed the incident in which the brother of the applicant was done to death before him. He submits that in the panchayatnama crime number has been mentioned and some discrepancy which has crept in the panchayatnama cannot itself belies the prosecution case. It is the responsibility of the Investigating Officer to reply the same and explain during the course of trial.
Without expressing any opinion on the merits of the case and considering the submissions advanced, I find that no good ground is made out for enlarging the applicant on bail.
The bail application of the applicant Kaushal, involved in case crime no.27 of 2019, under Sections 147, 148, 149, 302, 506 IPC, P.S. Baksa, district Jaunpur is, accordingly, rejected. However, the trial court is directed to expedite the trial and conclude the same preferably within the period of one year from the date of production of the certified copy of this order before the trial court, if there is no legal impediment.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.10.2020 Gaurav
Digitally signed by Justice Ramesh Sinha Date: 2020.10.09 13:19:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether any material was placed on record to grant bail to the applicant in a murder and row case.
Whether the trial should be concluded within a specified timeframe.
5 provisions across 1 enactments
Kaushal
State of U.P.
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
