Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33320 of 2017 Applicant :- Arun Kumar Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Birendra Singh Khokher Counsel for Opposite Party :- G.A.,Narendra Kumar Sharma
Hon'ble Rajul Bhargava,J.
Heard Sri G.S. Chaturvedi, learned senior counsel assisted by Sri Anurag Shukla, learned counsel for the applicant, Sri Narendra Kumar Sharma, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.373 of 2017, under Sections 302, 34 IPC, Police Station Kankerkhera, District Meerut, with the prayer to release him on bail.
Learned Senior Advocate submitted that the applicant has been falsely implicated by the first informant on the basis of suspicion and enmity. He submitted that the prosecution version of taking away of the deceased and the co-accused on the pretext of having a party, is totally concocted. In this behalf, he submitted that neither in the first information report nor in the statement of the first informant recorded twice by the Investigating Officer, the time of taking away the deceased by the applicant and the co- accused has been mentioned. He further argued that in the first information report, the first informant has not claimed himself to be an eye-witness and he has stated that in the evening when his brother (deceased) did not return home, he went in a search and reached at the spot where he found that his brother is lying in an injured state and had suffered a fire arm injury. Thereafter, the informant is stated to have taken his brother to the Hospital whereas the Hospital record shows that the deceased was brought by Constable Ajendra Singh and admitted him at 9.45 P.M. on 23.5.2017. It reflects that the prosecution has modulated its case as per its convenience.
Per contra, learned counsel for the informant and learned AGA for the State strongly opposed the bail application and submitted that the applicant and his associate co-accused Nitin Taliyan alais Bhura took away Sonu (deceased) along with them on 23.5.2017. Thereafter, they were seen along with the deceased at a Liquor Shop and the deceased was found in an injured state at nearby place after sometime. The first information report was lodged promptly on 23.5.2017 at 22.35 P.M. in which the name of the witness Shivam Chaudhary is mentioned who had seen them having liquor at the vend. They also pointed out that there was strong motive for the applicant to do away with the brother of the informant. Lastly, they submitted that co-accused Nitin Taliyan alais Bhura against whom same evidence is appearing, had filed Criminal Misc. Bail Application No.2990 of 2018 and the same was rejected by this Court on merits by an order dated 19.3.2018.
Considering overall facts and circumstances of the case and the evidence appearing against the applicant and the fact that the bail of co-accused has been rejected by coordinate Bench of this Court, I do not find it to be a fit case for grant of bail to the applicant.
The bail application is accordingly rejected.
Order Date :- 30.4.2018 Hasnain