Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10222 of 2008 Petitioner :- Bhurey Respondent :- State Of U.P. Petitioner Counsel :- Sant Sharan Upadhyaya,Krishna Gopal,Lav Srivastava,Smt. Sadhna Upadhyaya Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Heard learned counsel the applicant, learned AGA for the State and perused
material placed on record.
The learned counsel for the applicant has contended that according to the
statement of Smt. Premwati, the injured recorded under Section 161 Cr.P.C,
three assailants, namely, Jai Pal, Urman and the present applicant are alleged
to have fired with 315 bore country made pistol and as per the postmortem
report, the deceased Bhure Singh has sustained two injuries appears to have
been caused by 315 bore pistol and it has not been specified as who were
responsible for those injuries. He has further submitted that the applicant is in
Jail since 2.12.2006 and the trial has not concluded and is likely to consume
some more time to conclude, thus, the applicant is entitled to be released on
bail.
On the other hand, learned AGA has submitted that the incident is of broad
day light and the First Information Report was lodged without any delay. The
applicant is named in the First Information Report. Moreover, bail application
of one of the co- accused, who is also alleged to have armed with a country
made 315 bore pistol has been rejected by this Court, therefore, the present
application also deserves to be rejected.
Taking note of the submissions made by the learned counsel for the parties
and having gone through the material placed on record, I do not find any good
ground to release the applicant on bail at this stage. The bail prayer is refused
and the application is hereby rejected, without expressing any opinion on
merit of case.
However, keeping in view of the fact that the applicant is in jail since
2.12.2006, the trial court is directed to expedite the trial and make an
endeavour to conclude it expeditiously in consonence with the provision of
Section 309 Cr. P.C. Both the parties are expected to co-operate in the trial
and not to seek unnecessary adjournment.
The office is directed to send the copy of this order immediately to the
District & Sessions Judge/ Trial Court for communication and necessary
compliance.
Order Date :- 7.1.2010
SFH