UDAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER affidavit filed today is taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.382 of 2008, under Sections 147, 364, 302, 201 I.P.C. and 3 (2) (V) S.C./S.T. Act, Police Station Inayat Nagar, District Faizabad. Concededly PW-1 has already been partly examined in this case and it would not be proper to make any assessment of the substantive evidence, 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. However in view of the fact that the applicant is in jail for the last more than ten months the learned lower court is directed to conclude the trial expeditiously.