Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2881 of 2008 Petitioner :- Kripal Singh Respondent :- State Of U.P. Petitioner Counsel :- P.K. Tripathi,Mridul Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Heard Sri R.B. Gaur, learned counsel for the applicant as well as learned
A.G.A. on behalf of the State and perused the material placed on record.
The applicant-Kripal Singh seeks bail in Case Crime No.3 of 2007 under
Section 302 I.P.C., Police Station Jaitipur, District Shahjahanpur.
Submissions have been made on behalf of the applicant that incident is
alleged to have taken place on 9.1.2007 at about 10.00 P.M. and the F.I.R.
was registered at a belated stage on next day at about 4.30 P.M. while the
police station from the place of occurrence is about 6 kms. The prosecution
has failed to explain this inordinate delay in lodging the F.I.R. He has further
contended that none of the witnesses of locality has supported the prosecution
story and there has been given no reason in the F.I.R. as to why the applicant
will murder his own wife. He has further contended that the applicant is in jail
since 11.1.2007 and the trial has not concluded.
On the other hand, learned A.G.A. has contended that the applicant is named
in the F.I.R. by his own brother-in-law and there are several injuries on the
person of the deceased-Smt. Godawari. The prosecution version is supported
by the medical evidence. He has further contended that mere delay in lodging
the F.I.R. does not decimate the prosecution version.
Taking note of the submissions made by the learned counsel for the parties, I
do not find any good ground to release the applicant on bail. The prayer for
bail is refused and the application is accordingly dismissed.
However, the trial court is directed to make every endeavour to conclude the
trial as expeditiously as possible in consonance with the provisions of Section
309 Cr.P.C. Both the parties are expected to cooperate in the trial and shall
not seek unnecessary adjournment.
The office is directed to send the copy of this order to the District and
Sessions Judge/trial court for intimation and necessary compliance.
Order Date :- 5.1.2010
MN/-