Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26258 of 2021 Applicant :- Chaman Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Tiwari
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.447 of 2020 (Sessions Trial No.1362 of 2020), under Sections 302 and 504 I.P.C., P.S. Khurja Nagar, District- Bulandshahr and is in jail since 05.06.2020 is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by complainant Seema about the death of her husband against the present applicant. Main role of firing upon the deceased was assigned to the present applicant.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case. He further submitted that there was property dispute between the deceased and the present applicant, therefore, the present applicant has been falsely implicated in the present case.
He lastly submitted that the applicant is in jail since 05.06.2020.
The prayer for bail has been vehemently opposed by learned A.G.A.
Learned A.G.A. submitted that present applicant is the real brother of the deceased. Why the wife of the deceased will nominate the real brother of the deceased in such gruesome crime and why she will exonerate other persons who might have committed this incident.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, particularly that main role of assaulting the deceased has been assigned to the present applicant who is real brother of the deceased. There is no evidence to implicate the applicant falsely in this case and injuries received by the deceased correspondents to ocular version, without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
Accordingly, the bail application stands rejected.
Order Date :- 13.8.2021 Asha Digitally signed by Justice Ajit Singh Date: 2021.08.17 15:11:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad