Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2579 of 2019 Applicant :- Devendra Nagar @ Sanju Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhinav Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated; that as per prosecution case in F.I.R. lodged by Satyaveer Singh, applicant and co-accused persons are accused in murder case of Omveer, the brother of first informant, in which case his father Sri Shobha Ram Arya was complainant and in that case some of co-accused persons were bailed out and co-accused Yogendra, Monu Nagar and Smt. Saroj Devi approached and threatened his father of life on 15.1.2017 for compromise in the case of murder of Omveer Singh; that on 26.1.2017 at about 3:15 p.m. accused persons caused death of Shobha Ram Arya by indiscriminate firing; that statements of first informant and eye witnesses Anil and Prashant are absolutely false and incorrect; that during trial above Satyaveer has been examined as P.W.-1 and the first informant though has supported prosecution case in his examination-in-chief but has failed to support it in cross- examination; that Prashant and Anil P.Ws.-2 & 3 have turned hostile; that in the circumstances there is no possibility of conviction of applicant and applicant is entitled for bail; that applicant has explained his criminal history in the affidavit filed in support of bail application; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 28..2.2017.
Learned A.G.A. vehemently opposed the prayer of bail and contended that this is broad day light brutal murder by accused persons of which prompt F.I.R. has been lodged against named accused persons; that undisputedly prior to the incident in question, murder of Omveer Singh, son of deceased Shobha Ram Arya was committed by accused persons and accused persons were pressurizing the first informant for compromise and also threatened for life and upon his refusal, murder of Shobha Ram Arya, first informant of earlier case has been committed in broad day light; that accused are influential and dreaded criminals due to whose terror if some of prosecution witnesses have not dared to tell truth before the Court, their evidence is to be considered by the court at the time of final disposal of trial; that applicant if released on bail, shall make misuse of liberty of bail and will not let other prosecution witness deposed truth before the Court; that release of applicant will adversely affect fair trial.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of offence, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I do not find it a fit case for bail.
The bail application of applicant Devendra Nagar @ Sanju in Case Crime No.182 of 2017, under Sections 302, 506, 120B I.P.C., P.S. Meerapur, District Muzaffarnagar, is rejected accordingly.
However, the trial court is directed to conclude the trial as expeditiously as possible.
Order Date :- 21.1.2019 Kpy