ASLAM ALIAS GAMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.153 of 2008, under Sections 304, 323 I.P.C. and Section 3 (2) (V) S.C./S.T. Act, Police Station Jais, District Rae Bareli. It is a day-light murder followed by prompt F.I.R. In the post mortem report three lacerated wounds and one abrasion have been found. A specific role of causing injuries by bamboo has been assigned to the applicant. It is said that co-accused Raj Bahadur alias Raju has already been enlarged on bail. But he was having an axe while no injury caused by axe has been found in the post mortem report. Mainly on this ground he has been granted bail. The applicant is said to be in jail for the last about one year. 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. However, as the applicant is in jail for the last about one year and it is said that even charges have not been framed till date, the learned courts below are directed to proceed with committal/trial expeditiously.