HEMNATH PASI 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.860 of 2007, under Section 147, 148, 149, 323, 302/34 I.P.C., Police Station Phool Behar, District Kheri. Concededly three witnesses have already been 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 keeping in view this Court's earlier order dated 04.12.2008 whereby the learned lower court was directed to conclude the trial expeditiously in consonance with the provision Section 309 Cr.P.C., this direction is reiterated as the trial has not been concluded as yet. It is needless to say that both the parties are expected to cooperate and not to seek any unnecessary adjournment during trial.