Zahid vs State Of U.P.
2019 Latest Caselaw 5642 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 76
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27075 of 2019
 
Applicant :- Zahid
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.

According to prosecution case, F.I.R. was lodged against unknown person alleging that Farimuddin was killed by shot fire on 13.8.2015. During investigation, the names of Irfan, Arif and Jahid were surfaced and it was found that applicant with the help of other persons had killed the deceased by shot fire and country made pistol used in the crime was also recovered at the pointing out of the applicant.

Learned counsel for the applicant submitted that three witnesses of fact have been examined and not supported the prosecution case and turned hostile and applicant is languishing in jail since 11.2.2016 (more than three years) 35 cases of criminal history have been properly explained. There is no possibility to get this case decided in near future due to heavy load wok in the trial court. In case he is released on bail he will not misuse the liberty of bail and cooperate in trial.

Learned A.G.A. opposed the prayer for bail and submitted that Specific role of shot fire has been assigned against the applicant and country made pistol used in the crime was also recovered at the pointing out of the applicant. The applicant is the main accused. Therefore, his bail application is liable to be rejected.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage in Case Crime No. 250 of 2015, under Sections 302, 393, 34 I.P.C., Police Station Singhawali Ahir, District Baghpat.

It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis.

D.M. & S.P./S.S.P,- Baghpat are directed to ensure the presence of the witnesses summoned before the court below. The learned District Judge, Baghpat is also directed to monitor the case on monthly basis in the Monitoring Cell.

The court concerned is also directed to send a detailed report after every three months showing the reason therein why the case is not being decided, which shall be kept on record.

Office is directed to send a copy of this order to the court concerned within three days for compliance.

Order Date :- 8.7.2019/OP