HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- BAIL No. - 2357 of 2014 Applicant :- Chhedilal Opposite Party :- State Of U.P. Counsel for Applicant :- Arjun Singh Counsel for Opposite Party :- Govt.Advocate,Manohar Lal Syal,Shashi Kiran Arya Hon'ble Ramesh Sinha,J.
Heard Sri Satish Kumar Tyagi, learned counsel for the applicant, Sri Manohar Lal Syal, learned counsel for the complainant and Mrs. Poonam Sinha, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the incident is of night and no one has seen the incident. The applicant has been falsely implicated in the present case along with his real brother only on account of enmity. He submits that co-accused Raghuver, who is real brother of the applicant has been granted bail by this Court. The applicant is in jail since 11.6.2013.
Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer for bail and submitted that the applicant is the main accused in the present as main role of firing at the deceased has been assigned to him, hence the case of the applicant is distinguishable from co-accused Raghuver, who has been assigned the role of exhortation. He further submits that the trial is in progress and only the evidence of formal witnesses is to be recorded.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Chhedilal involved in Case Crime No. 483 of 2013 under Section 302 I.P.C., police station Bilgram, district Hardoi.
Accordingly, the bail application is rejected.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of six months from the date of production of a certified copy of this order, if, there is no legal impediment.
Order Date :- 14.5.2015 shiraz