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Judgment
8 paragraphs · 229 wordsAlok K. Singh, J.
Heard the learned counsel for the applicant, learned A.G.A. and perused record.
The applicant is involved in Case Crime No.315 of 2005, under Section 302 I.P.C., Police Station Fakharpur, District Bahraich.
Concededly four witnesses have already been examined in this case but as mentioned in the rejection order some more witnesses including the witness of recovery are left to be examined. Therefore it would not be proper to enter into the merit of the case at this stage, lest it may affect the final outcome.
The bail is vehemently opposed by the learned A.G.A.
The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the aforesaid facts and circumstances, without entering into the merits of the case, I regret in not finding it to be a fit case for granting bail. Hence it is rejected at this stage.
The applicant is said to be in jail for the last more than three and half years. Therefore, the learned court below is directed to conclude the trial expeditiously preferably within three months from the date a certified copy of the order is produced before him.