Court rejected bail application in a murder trial. Bench found substance in prosecution version that injuries sustained by applicant corroborated his role in holding deceased, leading to refusal of bail with direction to expedite trial.
Application rejected; trial to be expedited and concluded within one year.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14216 of 2022
Applicant :- Sunny Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Dixit Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 451 of 2021, under Sections 147, 148, 149, 323, 324, 302, 504 IPC, Police Station Dankaur, District Gautam Buddh Nagar.
As per prosecution version a fight took place between brother of informant and certain other persons from the accused side whereafter the accused persons including the applicant held the deceased Rahul and he was stabbed repeatedly by Kamal resulting in his death.
Contention is that the applicant has been assigned the role of catching hold and that he was only trying to resolve the ongoing fight between the parties and he also sustained injuries in respect of which injury report is contained in Annexure-8.
Learned A.G.A. opposes the bail application and states that three injuries have been caused around the shoulder which would have been possible only if the deceased was held by somebody and since the role of catching hold is specifically assigned to the applicant, whose presence is otherwise not doubted on account of injuries sustained by him, as such, it is not a case for grant of bail.
Having considered the respective submissions advanced and perused the materials brought on record this Court prima facie finds substance in the objection raised by learned A.G.A. as per which the role of catching hold assumes significance in the case of kind where blows are caused by sharp-edged weapon in the same area. In such circumstances, I am not inclined to grant bail to the applicant.
The present bail application is, accordingly, rejected. It is, however, provided that the trial court shall expedite the trial and make all endeavours to conclude it within a period of one year.
Order Date :- 11.5.2022 Ashok Kr.
Digitally signed by ASHOK KUMAR Date: 2022.05.12 14:05:43 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant who was accused of catching hold of the deceased in a murder case.
Whether the injuries sustained on the applicant corroborate their role in holding the deceased.
Whether the trial can be expedited to conclude within one year.
Sunny
Ashwani Kumar Mishra
Ashok Kumar
As recorded by the court registry
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