RAM PRASAD 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.48 of 2008, under Sections 147, 148, 149, 302, 323, 504 I.P.C., Police Station Bachrawan, District Rae Bareli. The time of incident is said to be 6.00 p.m. in the month of February. There is prompt F.I.R. In the statement under Section 161 Cr.P.C. the injured wife (complainant) has assigned a specific role to the applicant of causing fire arm injury to her husband (deceased). 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 more than one year the learned court below is directed to conclude the trial expeditiously.