Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19064 of 2010 Petitioner :- Chhatrapal Respondent :- State Of U.P. Petitioner Counsel :- Manish Tiwary,Ashwini Kumar Awasthi Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.
Learned counsel for the applicant has contended that daughter of Uttam has
committed suicide one year back and there is no motive on the part of the
applicant to fire shot and as per FIR version the fire was shot by Chhatrapal
but from ante mortem injury one bullet was recovered and after hearing the
gun shot it was not possible for the complainant to reach on the spot and
witness the occurrence. It is further contended that in the inquest report there
is no mention of crime number or sections which shows that the FIR was not
in existence. The applicant is in jail since 24.6.2008.
Learned A.G.A. has contended that there was motive on the part of the
applicant and he had fired shot at the deceased to commit murder.
Considering the facts and circumstances of the case but without expressing
any opinion on the merit of the case, I do not find any merit in the bail
application.
Consequently, the prayer for bail of the applicant Chhatrapal is hereby
rejected.
However, the trial court is directed to proceed expeditiously with the trial
relating to case crime no. 548 of 2008, under section 307, 302 IPC, P.S.
Barkheda, District Pilibhit and try to conclude the same within 6 months from
the date of the presentation of the certified copy of this order provided the
accused cooperates in the trial.
Order Date :- 26.7.2010
Masarrat