In a bail application under Section 307 IPC, the single judge rejected the plea due to lack of good and sufficient grounds, despite the applicant's claim of innocence and pendency concerns.
Bail application of the applicant stands rejected.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35184 of 2020
Applicant :- Akash Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ran Vijay Singh Counsel for Opposite Party :- G.A.,Praveen Kumar Srivastava
Hon'ble Rajiv Joshi,J.
Heard Sri Ran Vijay Singh, learned counsel for the applicant, learned A.G.A. for the State, Sri Praveen Kumar Srivastava, learned counsel for the informant and perused the record.
This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 56 of 2020, under Section 307 IPC, P.S. Laksa, District Varanasi, during pendency of trial.
It is submitted by learned counsel for the applicant that applicant is innocent and he has falsely been implicated in the present case due to family dispute. It is further submitted by learned counsel for the applicant that role of firing has been assigned to the applicant, and the injury report shows that there is stab injury on right side of neck with chop wound over scalp (parietal and left temprodceipital area). It is next submitted by learned counsel for the applicant that applicant is in jail since 08.07.2020, having no other previous criminal history to his credit and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
On the other hand, learned AGA as well as vehemently opposed the prayer for bail and submitted that allegation made in the first information report has corroborated by medical evidence, and as per the medical report, there is stab injury on the right side of neck, which is on vital part.
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- Akash Gupta , involved in Case Crime No. 56 of 2020, under Section 307 IPC, P.S. Laksa, District Varanasi.
Therefore, the bail application of the applicant stands rejected.
Order Date :- 14.12.2020 Noman
1 issue framed by the court
Whether the applicant is entitled to bail under Section 307 IPC.
Akash Gupta
Rajiv Joshi
As recorded by the court registry
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