The applicant, charged with murder under Section 302 IPC, sought bail during trial. The court rejected the application due to lack of good cause given eyewitness corroboration and specific motive, while directing the trial court to conclude the trial within 1.5 years.
Bail application rejected.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24682 of 2021
Applicant :- Vicky Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Kant Shukla,Birendra Singh Khokher Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
By means of this application, the applicant who is involved in case crime no.288 of 2020, under Section 302 IPC, Police Station-Kohna District-Kanpur Nagar is seeking enlargement on bail during the trial.
Submission is that the applicant is the sole named accused person in a prompt FIR lodged on 12.08.2020 at 17:00 hours. The incident is witnessed by Rajat Verma that the applicant was assaulting his bhabhi by a brick at 12:15 hours in the broad day light. The post mortem report of the injured indicates that there are six laceration wound over her deep side of the scalp. The eye witness Rajat Verma has fully corroborated the prosecution case in its entirety coupled with the fact that Km. Jhanvi, her daughter has categorically stated that the applicant used to fetch money from her mother. On the fateful day, when her mother denied to oblige the applicant, then infuriated by this, he committed this offence assaulting by brick. There is specific motive coupled with the assault corroborated by the post mortem report.
Keeping in view the totality of the circumstances, I do not find any good reason to grant indulgence in favour of the applicant.
Accordingly, the present application stands rejected.
However, learned trial court is directed to gear up the matter and make every necessary endeavour to conclude the trial within a period of one and half year from the date of production of certified copy of this order strictly in accordance with law.
Order Date :- 26.10.2021 Sumit S
2 issues framed by the court
Whether bail should be granted to the applicant charged under Section 302 IPC in a case with credible eyewitness testimony and specific motive.
Whether the trial court is directed to expedite the trial within a fixed period.
Vicky
Rahul Chaturvedi
As recorded by the court registry
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