Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47577 of 2018 Applicant :- Anas Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Dubey,Mohd. Jamshed Khan,Shyam Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Mohd. Jamshed Khan, learned counsel for applicant and learned A.G.A. for State.
2. This bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.294 of 2018, under Section 307 IPC, Police Station-Rajpura, District-Sambhal.
3. Learned counsel for applicant contended that it is a case of no injury and no one received injury. The applicant has neither any concern with offence in question nor he was involve in any offence alleged by Police. During trial no witness has supported the prosecution version. Applicant has been falsely implicated. He is innocent and he has no criminal history. Applicant is in jail since 20.09.2018. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail. He has contended that the weapon used in crime was also recovered from applicant, the accused had shown audacity of opending fire on Police Party and has been arrested in a fierce encounter.
5. Considering rival submissions of both sides and also looking into entire facts and circumstances as well as gravity of offence, I do not find it a fit case for grant of bail.
6. Application is, accordingly, rejected. Order Date :- 28.11.2019/Ashish Pd.