In a bail application under Criminal Misc. Bail Application No. 726 of 2024, the High Court directed the trial court to record witness statements within two months and allowed the applicant to apply for bail hearing after such recording.
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Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 726 of 2024 Applicant :- Ranu Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Secrt. Lko. Counsel for Applicant :- Shivesh Nath Dubey Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Rejoinder affidavit filed today in Court is taken on record.
2. It is argued that in terms of the FIR it was alleged that a dispute had taken place in between the accused and the brother of the informant and subsequently, at about 11:30 pm, when the brother was missing and the informant went to look for him, he saw that the applicant was allegedly causing injuries and thereafter, he threw him in well as a result whereof he died.
3. Learned counsel for the applicant argues that even as per the statement of the informant, although, he had allegedly seen the incident at 11:30 pm itself, he informed the other members on the next day morning which is apparently not possible. The postmortem report on record indicates presence of as many as seven injuries which include stab wounds and incised wounds.
4. Considering the fact that the informant is the main witness and considering the statement of the applicant that only charge has been framed and no witness has been examined so far, I direct that the statement of the witnesses at Serial Nos.4 & 5 shall be recorded within a period of two months without giving any unnecessary adjournment to any of the parties by the trial Court.
5. List on 19.11.2024.
6. However, the applicant would be at liberty to move an appropriate application for hearing of the bail application as soon as the statement of the said two witnesses is recorded.
7. Let a copy of this order be sent to the trial Court concerned as well as Superintendent of Police, Balrampur for compliance.
Order Date :- 13.9.2024 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
Ranu Verma
Pankaj Bhatia
Nishant
As recorded by the court registry
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