Heard Sri Satyendra Prakash Srivastava and Sri Balram Singh, learned counsel for the applicant, Sri Adesh Kumar and Sri Bipin Kumar Tripathi, learned counsel for the informant and learned A.G.A. for the State.
This is the bail application on behalf of the applicant namely Ajay Veer Alias Kalu in connection with Case Crime No. 267 of 2019, under Sections 302, 307, 120B IPC, P.S. Parikshitgarh, District Meerut.
The submission of learned counsel for the applicant is that the applicant is in jail since 10.08.2019 and after police investigation, charge sheet has been filed against him. The FIR was lodged by informant Kalu naming the applicant and other two co-accused persons with the allegation that all the three brothers came at the place of occurrence. It was day time, the applicant fired on deceased Amit and the fire touched his right hand whereupon co-accused Vijay Dhama caused gun shot injury on the chest of the deceased, co-accused Ankit also fired but his fire missed and no body sustained injuries because of his fire, Amit died in the incident. The incident took place before the informant who saw the whole incident. The Statement has been recorded to that affect by the I.O. The witnesses Jagvir and Sumit @ Babbu have also supported the FIR version and have narrated the same story. The postmortem report shows that the deceased had sustained three injuries including one fire arm injury and because of injuries sustained the deceased died. Further submission is that the co-accused Ankit has already been granted bail by the coordinate Bench of this Court, vide order dated 5.12.2019 passed in Criminal Misc. Bail Application No. 53870 of 2019, on the basis because of his fire no one sustained any injuries. It is further submitted that the criminal history alleged has been adequately explained by the applicant. It is further submitted that accused applicant is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and have submitted that there are three eye witnesses account supporting the FIR version and there has been active involvement of the applicant and he also caused fire arm injury to the deceased which fortunately did not hit any life on part but because this firing did not hit on any vital part. The applicant can not be given any sympathy. The FIR has been promptly lodged naming the applicant and in such kind of cases where a day light murder has been committed by causing fire arm injuries, no sympathetic view should be taken.
After considering the submission of both sides, in view of the statements of three witnesses, who have supported the FIR version, considering the fact that the applicant also caused fire arm injuries to the deceased and in view of his involvement in the commission of the crime and in view of gravity and magnitude of the offence, I do not find any reason for allowing the bail and, therefore, the bail application of applicant Ajay Veer Alias Kalu is rejected at this stage.
The trial court is, however, expected to expedite the trial and make all endevour to dispose of the case, in accordance with law.
Order Date :- 22.2.2021 Mini