Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8201 of 2021 Applicant :- Amit Tyagi Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Srivastava,Sukrampal Counsel for Opposite Party :- G.A.,Abhishek Tiwari
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned counsel for complain as well as learned A.G.A. for State and perused the record.
Facts in brief are that on 25.08.2020 an F.I.R. was lodged by informant Jitendra Kumar that on 24.8.2020 at about 7.20 a.m. , his son Akshay Kumar was taken away from his house by Ashwani to backside of the lane and started conversation. In the meantime, Vikas, Sappu Gurjar, Amit @ Chuhia and Aditya @ Basu caused the murder of Akshay Kumar by shooting. This incident was caused in furtherance of conspiracy made by Smt. Rubi, Dr. Devendra Shiway and Ashish. During investigation, name of applicant was brought into light as master mind conspirator.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case. He was not named in the F.I.R. The name of applicant was brought into light on the basis of confessional statement of co-accused. There is no any evidence on record to indicate the involvement of applicant in conspiracy to commit the murder of deceased. During investigation, co-accused Ashwani was arrested by the police and in his confessional statement complicity of the applicant has been disclosed with other co-accused persons. The implication of applicant in the present case is wholly illegal and not sustainable in the eye of law. He was arrested by the police on 20.11.2020 and false recovery of country-made pistol 315 bore with two live cartridges have been shown. He has been languishing in jail since 20.11.2020. Criminal history of applicant has been explained. Co-accused Hani Tyagi has already been enlarged on bail. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant and learned A.G.A. opposed the prayer for bail and submitted that applicant is master mind conspirator. He was the person who made arrangement of shooters. In C.C.T.V. footage, transaction of money among the culprits have also been detected. There was active involvement of applicant in commission of this incident. There is long criminal history of 18 cases against the applicant which is related to offences of grave nature and history sheet no. 60-A is also at police station Muradnagar. He is also a gangster. The bail applications of co-accused Smt. Aruna, Deepak @ Chintu and Vikas have also been rejected by co- ordinate Bench of this Court. He was arrested by the police and from his possession country-made pistol 315 bore and two live cartridges were recovered. The case of co-accused Hani Tyani was not identical to this applicant as there was no any criminal history against him, therefore, applicant is not entitled for bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, long criminal antecedent of applicant and without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Amit Tyagi involved in Case Crime No. 668 of 2020, under Sections 147, 148, 149, 302, 120-B, 34 IPC, P.S.
Modinagar, District Ghaziabad is hereby rejected.
Order Date :- 20.12.2021 A. Singh Digitally signed by Justice Subhash Chandra Sharma Date: 2021.12.22 10:06:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad