Vinod Prasad - (1.) HEARD Sri S. P. S. Raghav, learned senior counsel assisted by Sri P. N. Tripathi, advocate on the bail prayer of the applicant and Sri A. K. S. Solanki advocate, learned counsel for the informant and the learned AGA in opposition.
(2.) THE applicant seeks bail in Crime Number 334 of 2004 under Section 302, I.P.C. P.S. Harraiya district Basti. It is contended by the learned senior counsel that the applicant has been falsely implicated in this case due to enemity and he is innocent and has committed no offence. He further contended that the distance from the place of occurrence to the police station is 8 km. and hence the F.I.R. could not be lodged within forty-five minutes. He further contended that there is cross case version in which the son of Gallar with his twin sons and daughter-in-law were kidnapped but his son escaped in that attempt and rest of his relatives were kidnapped. He further contended that later on dead bodies of the twin grand sons and daughter-in-law were found. He submitted that in that attempt of kidnapping due to fire the deceased had died. He further contended that the applicant is in jail since 22.7.2004. He further submitted that medical report does not support the prosecution case and there is no independent witness of the incident. Learned counsel for the informant and the learned AGA contrarily submitted that the applicant is main shooter and that there is no cross version and the subsequent incident is an independent incident and has nothing to do with the present case. They also contended that post mortem report is consistent with the prosecution case and that the site plan also supports the prosecution version. They further contended that it is a day light incident and there are eyewitness account of the incident.
(3.) I have considered the contentions raised by both the sides and have gone through the record of the case. I don't find any reason to grant bail to the applicant. The bail prayer of the applicant stands rejected. The trial court is directed to expedite the trial.;