Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3950 of 2019 Applicant :- Dashrath @ Bhanu Opposite Party :- State Of U.P.
Counsel for Applicant :- V.P. Singh Kashyap,Manish Kumar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri V.P. Singh Kashyap and Sri Manish Kumar Kashyap, learned counsel for the applicant, Sri Brij Raj Singh, learned counsel for the first informant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Dashrath @ Bhanu seeks bail in Case Crime No.82 of 2018, under Sections 147, 148, 149, 302, 34 I.P.C., Police Station Patiyali, District Kasganj.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the first informant on account of enmity. In fact, the deceased had murdered the brother of the applicant whose trial is still pending. It is argued that it is a case of night incident and the F.I.R. was lodged after six hours of the incident. The presence of the first informant on the spot is highly doubtful. Thus the applicant, who is in jail since 12.04.2018, may be enlarged on bail during trial.
Per contra, learned A.G.A. as well as learned counsel for the informant vehemently opposed the prayer for the bail and submitted that the applicant is a hardened criminal and he has criminal history of three cases to his credit. Besides it, specific role of firing on the deceased is attributed to the applicant and co-accused, Sanjai alias Pappu by the first informant and the witnesses. In the post mortem injury several gunshot wounds of entry and exit have been noted. There is no delay in lodging of the F.I.R. Therefore, the applicant is not entitled to be released on bail.
In the facts and circumstances of the case,I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
Order Date :- 29.1.2019 MN/-