The High Court in chamber rejected the bail application of the applicant, who is faced with charges of murder and culpable homicide. The court found no good ground for bail and directed the trial court to complete the trial within eight months.
Bail application rejected. Trial directed to be expedited within eight months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17158 of 2020
Applicant :- Rohit Shrma @ Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi,Piyush Kumar Shukla
Counsel for Opposite Party :- G.A.,Umesh Chandra Prajapati
Hon'ble Ramesh Sinha,J.
Sri Umesh Chandra Prajapati, learned counsel appearing for the complainant has not responded though the Link has been sent on his mobile.
Heard Pankaj Satsangi, learned counsel for the applicant, Sri A.R.Chaurasia, learned A.G.A. for the State through Video Conferencing and perused the record.
It has been contended by the learned counsel for the applicant that prior to the incident in question, an incident had also taken place on 30.1.2020 at 8.30 a.m. in the morning in which some altercation took place between the family of the deceased with the family of the applicant with respect to some electricity connection from transformer and thereafter when the two deceased, namely, Neeraj Bhargav and Vivek Bhargav were going to lodge an F.I.R. regarding the said incident in which they were beaten, the applicant is said to have crushed the two deceased under the wheels of the car and the applicant has been falsely implicated in the present case with malafide intention for the murder of the two deceased. He has further argued that the two alleged eye witnesses, namely, Subham Bhargav (informant of the case) and Pushpendra Yadav are not the eye witnesses of the second part of the incident where it has been alleged that the deceased was done to death by the applicant under the wheels of the car. Though the F.I.R. was registered against the 10 accused persons who are family members of the applicant and inter-se related to him, but the charge sheet has been submitted against the applicant only for the offence under Section 302 I.P.C. along with other criminal offence. Learned counsel for the applicant has further pointed out that the car which was being driven by the applicant was also damaged and he has drawn the attention of this Court towards the inquest report in this regard. He has further drawn the attention towards the statement of the owner of the vehicle, namely, Dr. Annu Nigam. The applicant is in jail since 01.02.2020.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that on 30.1.2020 at 8.30 A.M. in the morning, there was some altercation took place between the family of the applicant and the two deceased with respect to some electricity connection and when the two deceased went along with the informant to lodge the F.I.R. on different motorcycle, the applicant is said to have killed them under the wheels of the car and one of the deceased, namely, Neeraj Bhargav received crushed injuries in the incident, hence, the participation of the applicant in the present case cannot be ruled out.The motive to commit the murder of two deceased with the applicant is very strong.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant- Rohit Sharma @ Chhotu involved in Case Crime No.24 of 2020, under Sections 147, 149, 506, 302 I.P.C., Police Station Babina, District Jhansi.
Accordingly, the bail application is rejected at this stage .
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of eight months from the date of production of a certified copy of this order, 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.
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 :- 18.8.2020 NS
Digitally signed by Justice Ramesh Sinha Date: 2020.08.18 15:38:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant has any good ground for the grant of bail in the murder case.
Whether the trial should be expedited after the bail application is rejected.
Whether the automatic compliance mechanism order of the High Court should be invoked.
1 provisions across 1 enactments
Rohit Sharma @ Chhotu
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
