Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39622 of 2018 Applicant :- Aabad Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Pratap Singh,Sandeep Tripathi,Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Pankaj Bharti
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Aabad, in Case Crime No. 950 of 2017, under Sections- 302, 452, I.P.C. Police Station-Budhana, District-Muzaffar Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 25.12.2017; there is no dying declaration nor any robbery; it is a false implication; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release of bail; hence bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed bail with this contention that applicant is named in the First Information Report lodged for the offences punishable under Sections 302, 394 and 452 I.P.C.; delay in lodging the First Information Report has itself explained in the First Information Report; deceased was instantly taken to the hospital where she was admitted and died on 14th December, 2017; then after this report was got lodged; the applicant were of same locality, well known to the informant, and this offence was committed by him, wherein, present applicant was the main shooter, who had given firm arm shot; death is owing to fire arm injury, and there is every likelihood of applicant's fleeing from course of justice and tempering with evidence.
Having heard learned counsel for both the parties, gone through the material placed on record it is apparent that the applicant is the main shooter, who had given firm arm shot and injured died owing to ante mortem injury of fire arm shot; witnesses, in their statements, under Section 161 Cr.P.C. are fully intact.
Having heard learned counsel for both sides and gone through materials placed on record, considering the heinousness of crime of murder, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, but without commenting on merit of the case, there appears to be no ground for bail.
Accordingly, this bail application is rejected.
Order Date :- 20.12.2021 Deepak/