Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14842 of 2008 Petitioner :- Charan Singh Respondent :- State Of U.P. Petitioner Counsel :- P.C. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Applicant- Charan Singh seeks bail in Case Crime No. 419 of 2008, under
Section 302 IPC, Police Station Shahabad, District Rampur.
Heard learned counsel for the applicant as well as learned A.G.A. and also
perused the material placed on record.
Submissions have been made on behalf of the applicant that the applicant has
been falsely implicated in the present case because of the enmity. The
proseuction has not taken place in the manner, date and time as suggested by
the prosecuting agency. He further submits that the applicant is in jail since
26.3.2008 and the trial has not concluded though the trial has already
commenced and substantially proceeded but it is likely to consume some
more time, thus the applicant deserves to be released on bail, at this stage.
However, learned A.G.A. has opposed this bail application and contended that
the applicant is alleged to have armed with Pharsa and specific role has been
attributed to him. The medical report is not in any way at a variance to the
prosecution version and it will not be proper to release the applicant on bail at
this stage. Moreover the prosecution is apprehensive of the fact that in case
the applicant is allowed to be released on bail, there is every likelihood of his
fleeing away from the judicial process again.
Taking note of the submissions made by the learned counsel for the parties
and having gone through the material placed on record, it would not be proper
for this court to discuss evidence and give reasoning for consideration of his
bail as it would undoubtedly affect the trial. The bail prayer of the applicant is
declined and the application is hereby rejected, without expressing any
opinion on merit of the case.
However, keeping in view of the fact that the applicant is in jail since
26.3.2008, the trial court is directed to expedite the trial and make an
endeavour to conclude it expeditiously in consonance with the provisions 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 :- 27.1.2010
Mt/