SURESH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The present application under Sec. 439 Cr.P.C. has been filed seeking bail in Case Crime No.366 of 2019, under Ss. 302, 201, 147, 148, 149, 323, 120-B, 216 IPC, Police Station Harchandpur, District Raebareli.

(2.) Accused-applicant is the owner of Somu Dhaba at Raebareli. Allegations against the accused-applicant and other co-accused are that on 9/10/2019 when the deceased along with his friends went to have meal at Somu Dhaba, some altercation took place and the accused-applicant and other co-accused badly assaulted the deceased and threw his dead body at some distance to give the incident as an accident. It is alleged that CCTV footage of the Somu Dhaba and the area recorded between 10 PM to 1 AM were deleted.

(3.) Sri Anupam Mehrotra, learned counsel for the accused-applicant has submitted that even after lapse of more than two years since 10/10/2019, charges have not been framed and the trial has not commenced. He has further submitted that there is no likelihood of the trial commencing in near future. Accused-applicant can not be kept under trial for an indefinite period. In this regard, he has placed reliance on the following judgements of the Supreme Court:-