Om Prakash Tiwari vs State Of U.P.
2015 Latest Caselaw 256 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- BAIL No. - 8377 of 2014
 

 
Applicant :- Om Prakash Tiwari
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Abhishek Tiwari
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Sri Maqbool Hussain has filed vakalatnama on behalf of the complainant which is taken on record.

Heard Sri Akhtar Abbas, learned counsel for the applicant, Sri Maqbool Hussain, learned counsel for the complainant and Sri Alok Mohan Upadhyay, learned A.G.A. for the State.

It has been contended by the learned counsel for the applicant that the F.I.R. of the present case was lodged against six persons including the applicant and two unknown persons, who is said to have concealed their faces levelling general allegation of assaulting the deceased with knife, shopper and Sabbal. He submits that as per the F.I.R. itself it is not clear as to which of the accused is armed with which weapon and the motive which has been suggested for commission of crime is also too remote. He submits that the incident has taken place in some other manner and not as stated by the prosecution as the incident has taken place at 7 p.m. and no source of light is mentioned in the F.I.R. in which the applicant can be identified. The applicant is in jail since 31.5.2014.

Learned counsel for the complainant as well as learned A.G.A. there is eye witness account of the incident, who have specifically stated that the applicant has co-accused persons have assaulted the deceased by sharp edged weapon on account of which the deceased sustained injuries on his person and died. It was further pointed out that charges have been framed and the trial is in progress.

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 Om Prakash Tiwari involved in Case Crime No. 7 of 2014 under Section 302 I.P.C., police station Raniganj, District Pratapgarh.

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 eight months from the date of production of a certified copy of this order, if, there is no legal impediment.

Order Date :- 30.4.2015

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