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Judgment
9 paragraphs · 251 wordsAlok K. Singh, J.
Supplementary affidavit filed today is taken on record.
Heard the learned counsel for the applicant, learned Additional Government Advocate and perused the record.
The applicant is involved in Case Crime No.662 of 2007 under Sections 304, 323, 504 I.P.C. In Re. NCR No. 57 of 2007, under Sections 323, 504 I.P.C., Police Station Jais, District Rae Bareli.
It is a daylight murder and the F.I.R. is prompt. The specific role of causing main injury on the vital part of the deceased has been alleged.
The bail is also opposed by 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 above mentioned 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 case is of the year 2007. But unfortunately even charges have not been framed till date as revealed in the supplementary affidavit. The applicant is said to be in jail for the last more than one and half years. Therefore, the learned court below is directed to conclude the trial expeditiously preferably within a year from the date a certified copy of the order is produced before it.