Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12864 of 2021 Applicant :- Asmir Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Belal,Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 437/2019, under Sections 302, 307, 394, 411, 34 IPC, police station Dhaulana, District Hapur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and he has been falsely implicated in this case. It was submitted that applicant is not named in the FIR and that his involvement has been shown merely on the basis of extra-judicial confession. It was further submitted that injured witness has stated that he could not identify any of the miscreant as their faces were lying covered and that no identification parade of the applicant has been conducted. It was submitted that similarly placed co- accused persons, namely, Haseen and Mukesh @ Mangat have already been enlarged on bail by different Benches of this Court, copies of which have been collectively annexed as annexure no. 13 to the bail application. It has further been argued that the applicant is in judicial custody since 23.12.2019 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that the motorcycle, which was robbed in the alleged incident, has been recovered from the applicant and that one country made pistol was also recovered from the applicant. It was submitted that in view of the recovery of motorcycle, applicant cannot claim parity with above-stated co-accused persons, who have already been enlarged on bail. It was further submitted that recovery of motorcycle, which was robbed in the alleged incident, from applicant is an important factor. It was also submitted that there is criminal history of four cases against the applicant, whereas learned counsel for the applicant has explained the criminal history of only two cases. Besides two cases explained by learned counsel for the applicant, there is criminal history of applicant i.e. case crime no. 197 of 2020, under Section 2/3 of Gangster Act and case crime no. 503 of 2019, under Section 25/27 of Arms Act.
Perusal of record shows that in the incident in question, while committing robbery on road, one person was murdered and one person was seriously injured and they have sustained firearm injuries and that motorcycle and other valuable items were robbed. The recovery of motorcycle, which was robbed in alleged incident, has been made from the applicant.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Asmir is rejected.
Order Date :- 28.7.2021 Anand