1. Heard Sri Sachin Srivastava, learned counsel for the applicant as well as Sri Ravish Chandra Mishra, learned Additional Government Advocate for the State of U.P.
2. Present bail application has been filed by the applicant seeking bail in Case Crime No. 639 of 2019, under Sections 147, 148, 302, 307, 120-B and 34 I.P.C., Police Station - Mohammadi, District - Kheri.
3. Present bail application is in relation to occurrence of an incident dated 06.02.2019, where Malook Khan, Israil Khan, Jalees Khan, Shahid Khan @ Kallu and the applicant himself being the persons named in the first information report being present at the spot and riding Alto Car bearing registration no. UP 27 H 5280. It is alleged that all the accused persons started firing on the deceased and consequent to which the deceased sustained serious injuries on his vital parts and died.
4. In the present case, the applicant has been named as one of the person who was involved in firing at the deceased. In the postmortem report it has come that the deceased as sustained three fire arm injuries on the vital parts and apart from that the deceased also sustained lacerated wounds.
5. It has been informed that the trial is under way where statement of Sahin Khan who is the injured witness who was accompanying the deceased on motorcycle, has also been recorded, who has deposed and supported the prosecution version.
6. Learned counsel for the applicant has submitted that the applicant is in jail since 15.12.2019 and has spent nearly four and half years in jail. It has been further stated that all the other persons who were named for hatching conspiracy have been granted bail. No other ground has been urged by the learned counsel for the petitioner.
7. This Court after considering the material on record and also the fact that injuries sustained by the deceased were on vital parts and even during trial the injured witness has supported the case of prosecution. Considering the gravity of offence, this Court is not inclined to grant bail to the applicant at this stage.
8. Accordingly, bail application is rejected.
9. This Court has been informed that trial is under way and six prosecution witnesses have been examined. Accordingly, trial Court is directed to expedite the trial.