Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27657 of 2009 Petitioner :- Kantu Respondent :- State Of U.P. Petitioner Counsel :- S.S. Tripathi,A.P. Tewari Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
The present criminal misc. bail application has been filed with the prayer to
enlarge the applicant on bail in Case Crime No.1432 of 2009, under Section
307 IPC, P.S. Civil Lines, District Budaun.
Learned counsel for the applicant submitted that merely on the basis of
suspicion applicant was falsely implicated in the present case hence applicant
is entitled for bail.
The aforesaid prayer for bail was opposed by learned AGA on the ground that
at the time of incident injured was not in a position to speak. Firstly, he was
taken to hospital subsequently after some days his statement was recorded. He
has clearly stated that earlier there was altercation and dispute with the
applicant and at about 10.15 P.M. applicant fired with countrymade pistol
causing fire-arm injury on his abdomin. Since injury is on vital part hence
applicant is not entitled for bail.
In view of aforesaid facts, without expressing any opinion on merit, it is not a
fit case for bail. Accordingly, the application for bail is rejected.
However, the trial court is expected to conclude the trial as expeditiously as
possible, preferably, within six months
Order Date :- 8.7.2010
Pramod