Application for bail in murder under Section 307 IPC dismissed. Court rejected claim of innocence citing 161 statement and mortal injury. Granted period of one year for Trial Court to conclude trial to ensure early disposal.
Bail prayer dismissed; Trial Court directed to complete trial within one year.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2643 of 2020
Applicant :- Jung Bahadur Singh @ Neksu Opposite Party :- State of U.P. Counsel for Applicant :- Amar Bahadur Maurya Counsel for Opposite Party :- G.A.,Anurag Dubey,Pankaj Dwivedi
Hon'ble Rajendra Kumar-IV,J.
Supplementary affidavit filed by learned counsel for applicant is taken on record. Sri Pankaj Dwivedi, Advocate, filed vakalatnama on behalf of Informant and Sri Anurag Dubey, Advocate on behalf of First Informant are also taken on record.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.386 of 2019, under Section 307 IPC, Police Station Kurawali, District Mainpuri, applied for bail.
Briefly, it is alleged that on 16.9.2019 at about 1:00 pm, accused-Jung Bahadur Singh @ Neksu along with other coaccused Vaibhav Chauhan and Shivveer alias Kallu opened fire, which hit victim-Vipin Kumar Singh. Motive of incident is said to be of land dispute between both the parties.
Learned counsel for applicant submitted that applicant is innocent; he has committed no offence; he has been falsely implicated in the present case. Prior to this incident, on the same day in the morning, Opposite Parties gathered with his other companion; assaulted wife of accused-applicant causing several injuries. His wife moved a complaint case before Competent Magistrate which is still pending. It has been next submitted by learned counsel for applicant that there is general allegations of firing against three persons and injury to victimVipin Kumar is not on vital part, it is on right leg. It has further been contended that applicant is in Jail since 1.10.2019 having no criminal history. It is further contended that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the evidence. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in Trial Court, there is no possibility of early disposal of trial.
Per contra, learned AGA and learned counsel for Informant opposed the prayer for bail and submitted that accused is named in FIR; in the statement recorded under Section 161, victim stated that accuse - Jung Bahadur Singh opened fire on him in order to take his life but fortunately fire hit in his right thigh. In medical examination, injury found on the right thigh of victim Vipin Kumar, is a fire arm injury that could even kill him, therefore, accused-applicant is not entitled to bail.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, statement recorded under Section 161, evidence collected by Investigating Officer during investigation, injury report of victim and allegation against the accused-applicant, applicant deserves no bail.
Accordingly, this application is dismissed.
However, it is provided that Trial Court shall proceed with the trial expeditiously and not later on one year from today without granting unnecessary adjournment, if there is no legal impediment. Prosecution to extend full cooperation to trial court for early disposal of trial.
Order Date :- 20.1.2020 Akram
2 issues framed by the court
Whether the accused entitled to bail in murder case under Section 307 IPC where injury is mortal but not on vital part?
Whether guilt can be presumed from 161 statement and medical evidence in absence of bail bond terms?
Jung Bahadur Singh @ Neksu
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
