HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- BAIL No. - 9093 of 2015 Applicant :- Yasin Opposite Party :- State Of U.P. Counsel for Applicant :- Lalji Prasad Shukla Counsel for Opposite Party :- Govt. Advocate Hon'ble Bachchoo Lal,J.
This bail application has been moved on behalf of the applicant Yasin who is involved in Case Crime No. 23 of 2014, under sections 302, 323, 504 IPC, P.S. Biswan,District Sitapur.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. The alleged incident has taken place in the night. There is no eye witness of the alleged incident. It has further been submitted that the applicant has not committed the alleged offence. False allegation has been made against the applicant. The statements of the witnesses Mohd. Saleem and Mohd. Jaseem are not believable. There is no independent witness of the alleged incident.The criminal history of the applicant has been explained in para 13 of the affidavit filed in support of the bail application. The applicant is in jail since 22.9.2014.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that the applicant is named in the FIR and he is main accused. The applicant has opened the fire upon the deceased due to which the deceased died. In postmortem report the cause of death has been shown shock and hemorrhage due to ante-mortem firearm injury. It has further been submitted that Mohd. Saleem and Mohd. Jaseem are eye witnesses of the alleged incident. They have supported the prosecution version. The applicant has committed the murder of the deceased, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant Yasin is hereby refused and the bail application is rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of one year from the date of the production of the certified copy of this order Order Date :- 12.10.2015 A.