Allahabad High Court
Mohan Lal vs State Of U.P. on 9 July, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27095 of 2019
Applicant :- Mohan Lal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ranjeet Singh
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri C.P. Singh, learned AGA for the State and perused the record.
According to prosecution case, F.I.R. was lodged by Sri Mohan, husband of the deceased (Gudiya) against five accused persons, namely, Munna, Puran, Surendra, Saheblal and Babloo alleging that on 28.7.2016, they killed the deceased. In the aforesaid F.I.R. specific has been made that Munna had shot fire on the deceased. She received one gun shot injury and died. Charge-sheet was submitted against Munna and Mohan (Complainant), husband of the deceased. It was found that Mohan had killed the deceased with the help of Munna.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present. There is no independent witness against the applicant. Applicant was not named in the F.I.R. Co-accused Munna Kewal has already been granted bail by this Court. There is no possibility to get this case decided in short period in future due to heavy work load in trial court. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 9.12.2016 (more than two years and seven months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that F.I.R. was lodged falsely by the applicant against other accused persons. It is impossible that another person had killed his wife in his presence at 2 p.m. night. The applicant killed his wife by shot fire on head and F.I.R. was also lodged to save himself. Trial is going on. Hence he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Mohan Lal involved in Session Trial No. 18 of 2017 as well as Case Crime No. 148 of 2016, under Sections 302, 452, 504, 506 IPC and Section 7 Criminal Law Amendment Act, P.S. Mau, District Chitrakoot is hereby rejected at this stage.
It is directed from the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis.
S.S.P./S.P., Chitrakoot and District Magistrate, Chitrakoot are directed to ensure presence of witnesses summoned by the court concerned.
Office is directed to send a copy of this order through FAX, e-mail and speed post within three days from today to S.S.P./S.P., Chitrakoot & District Magistrate, Chitrakoot and court concerned for necessary compliance.
Order Date :- 9.7.2019
A. Singh
