The High Court rejected a bail application filed by Harish Chandra Ojha, who was accused of throwing acid causing injury. The court held there were no good grounds for bail despite claims of innocence, directing the trial court to expedite the trial.
Bail application rejected; trial directed to be expedited.
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Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 811 of 2020
Applicant :- Harish Chandra Ojha Opposite Party :- State of U.P. Counsel for Applicant :- Surnedra Prasad Shukla,Nilam Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
It is urged that the applicant in an innocent person and has been falsely implicated in the instant case; no specific role has been assigned to the applicant of the offence; applicant having no criminal antecedent is languishing in jail since 16.11.2019, hence the applicant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that on an altercation, the applicant inflicted injury by throwing acid on the victim; medical report substantiate the prosecution version of causing injury by throwing acid; it will not be in public interest to enlarge the applicant on bail.
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 Harish Chandra Ojha involved in Case Crime No. 198 of 2019, under Sections 326A, 504 IPC, P.S. Kaptainganj, District Basti.
Accordingly, the bail application is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 22.1.2020 S.Prakash
3 issues framed by the court
Whether bail should be granted to the applicant charged under Sections 326A and 504 IPC accused of throwing acid causing injury.
Whether the merit of the case requires the trial to be expedited.
Whether the applicant has good grounds for bail considering his innocence and lack of criminal antecedent.
Harish Chandra Ojha
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
