Naheed Ara Moonis, J.;— Supplementary affidavit, filed today, on behalf of applicant, is taken on record. 2. Heard the learned counsel for the applicant, the learned counsel for the complainant, the learned AGA and perused the record. 3. The present bail application has been moved by the applicant, Narsi alias Narsingh in case crime no.508 of 2009, under Sections 302/34, 506 IPC, P.S. Kuraoli, District Mainpuri, with a prayer that he may be admitted to bail. 4. The prosecution case in a nutshell is that on 17.5.2009 at about 8:00 a.m., the complainant along with his brother and father were sitting under the thatched roof of their house, the complainant's father was cutting garlic and the complainant and his brother were drinking tea, and at the same time, the applicant and other accused persons, named in the first information report, arrived there, the applicant fired upon the father of the complainant, namely Gyandeen Singh, which hit on his back, on account of which he fell down, thereafter the applicant and other accused persons escaped from the spot unleashing a reign of terror. The father of the complainant died on the spot. The first information report was lodged on the same day at about 8:45 a.m. 5. It is argued by the learned counsel for the applicant, that according to the prosecution case, the applicant and other persons have been attributed the role of firing, whereas in his statement, the complainant has assigned the role of firing to the applicant. There is no independent witness of the occurrence to support the prosecution case. The applicant is languishing in jail since 30.5.2009. The applicant has been falsely implicated in the case due to previous enmity. In case he is enlarged on bail he will not misuse the liberty of bail. 6. Per contra, the learned AGA has contended that, in the first information report specific role has been attributed to the applicant for firing upon the complainant's father, on account of which he died on the spot. The postmortem report indicates that there is only one fire arm injury, which fully corroborates with the prosecution case. The statement of the witnesses recorded before the court below, wherein it has been specifically stated that the applicant had fired upon the complainant's father on account of previous enmity. There is active participation of applicant in the commission of aforesaid offence.
The statement of the witnesses recorded before the court below, wherein it has been specifically stated that the applicant had fired upon the complainant's father on account of previous enmity. There is active participation of applicant in the commission of aforesaid offence. In case the applicant is enlarged on bail he will try to intimidate the witnesses and will try to abscond, therefore, the applicant does not deserve to be enlarge on bail. 7. I have considered the rival submissions made by the learned counsels for the parties advanced at the bar. The applicant has been attributed specific role of causing injury to the complainant's father by the country made pistol. The prosecution case is consistent with the postmortem report, wherein one fire arm injury has been found on the person of the deceased. Long incarceration in jail is no ground to get indulgence of bail. The trial is now at the fag end. The gravity of offence is too much, as such it is not proper to make any comment upon the merits of the case, with regard to the granting or rejecting bail, which will effect the mind of the trial judge, who is expected to scrutinize the evidence in depth. I do not find it a fit case for bail, therefore, the bail application is rejected. 8. However, the trial court is directed to proceed with the case and conclude the trial expeditiously, as early as possible on its merit, applying provision of Section 309 Cr.P.C., uninfluenced by any observation made herein above, provided that the accused-applicant shall cooperate with expeditious disposal of trial. _____________