Ankur v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47913 of 2021 Applicant :- Ankur Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Ojha,Mohit Gautam,Raj Kumar Vaishya,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.,Vikas Tripathi Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant, Vikas Tripathi, counsel for the informant and learned AGA for the State.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 381 of 2020, under Section 307 and 34 I.P.C., Police Station-Qilla, District-Bareilly.

¶3Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is in jail since 15.09.2020 having no criminal history.

¶4Learned AGA for the State and counsel for the informant have opposed the prayer for bail.

¶5Having heard counsel for the parties and having perused the record this Court prima facie finds that specific role of firing on the injured has been assigned to the applicant. As per medical report, the injured sustained a firearm injury over right side of mid back. In the opinion of the doctor the injury was found grievous in nature and was caused by firearm. The prosecution case is supported by the informant as well as the injured and the medical examination report of the injured corroborates the prosecution case. The alleged injury is on vital part of the body.

¶6Accordingly, the bail application is rejected.

¶7It is made clear that the observations made in this order shall have no bearing on the merits of the case.

¶8The trial court is directed to conclude the trial within one year from the date of receipt of the certified copy of this order. The trial court shall proceed with the trial on day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to.

¶9A copy of this order may be communicated to the learned trial Judge through the District Judge, Bareilly by the Registrar (Compliance) of this Court forthwith. Order Date :- 16.10.2023/Sachin Mishra High Court of Judicature at Allahabad