SINGHVEER Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant and the learned AGA. The learned counsel for the applicant submitted that the applicant has been falsely implicated due to enmity and the inquest report was prepared at about 10.05 A.M. on 13.9.2005 but after making overwriting thereon the time of the preparation of inquest report was changed from 10.05 A.M. To 11.50 A.M. It was further submitted that three accused namely Satish Chandra, Devesh Singh and the applicant are alleged to have assaulted the deceased with fire arm but number of fire arm injuries sustained by the deceased clearly reveal that the involvement of all these three persons was not correct. The applicant is a witness in the murder case of Ramji Lal and has been implicated in this case due to that reason. The learned AGA on the other hand submitted that the deceased had sustained three gun shot wound of entry besides two gun shot wound of exit. In view of this the involvement of the applicant and the other two accused prima facie finds support from the medical evidence. The occurrence had taken place during the broad day light and there cannot be any reason to falsely implicate the applicant exonerating the real culprits. The applicant is in jail since more than three years and the trial is pending with no progress. Keeping in view the facts and circumstances of the case, seriousness of the crime, complicity of the applicant, and availability of adequate evidence against him, I do not consider it proper to release the applicant on bail. The bail application is, therefore, rejected. The Trial court is, however, directed to expedite the trial and decide the same ,if possible, within six months from the date of receipt of a copy of this order.