The single judge dismissed the bail application in a criminal trial involving assault on police personnel. Finding no fit case for bail, the court directed the trial to be expedited.
Bail application rejected; trial directed to be expedited under Section 309 Cr.P.C.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20686 of 2020
Applicant :- Jeet Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dubey,Raja Ullah Khan,Ziya Uddin Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Raja Ullah Khan, learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed for releasing the applicant in Case Crime No. 198 of 2020, u/s 147, 148, 149, 225, 332, 353, 427, 307 IPC and Section 7 Criminal Law Amendment Act, P.S. Khutar, District Shahjahanpur during the pendency of trial.
Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the present case. As per the F.I.R., accused-applicant along with other co-accused assaulted the police personnel with the help of sword, lathi, danda as a result thereof three police personnel have sustained injuries. Injury report has been appended with bail application. It is further contended by counsel for the applicant that the applicant is in jail since 5.5.2020 having no other criminal antecedents to his credit.
On the other hand learned AGA has opposed the prayer for bail and submitted that the medical evidence corroborates the version of the F.I.R. It is further submitted that the police personnel have been attacked by the applicant.
Having heard learned counsel for the applicant, learned AGA for the State and considering the facts and circumstances of the case, I do not find it to be a fit case for enlarging the applicant on bail.
The bail application is, accordingly, rejected.
However, the trial court is directed to expedite the trial and conclude the same as per Section 309 Cr.P.C. if there is no legal impediment.
Order Date :- 17.12.2020 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to be released on bail.
1 provisions across 1 enactments
Jeet Singh
rajiv-joshi
As recorded by the court registry
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