Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14691 of 2021 Applicant :- Devendra Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.,Sumit Goyal
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, Sri Sumit Goyal, learned counsel for informant, 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.232 of 2020, under Sections 302, 307 I.P.C., P.S. Rampur Maniharan, District Saharanpur with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It has been submitted that in the first information report only general allegations were made that applicant and his friends have stabbed the deceased and that in his statement under Section 161 Cr.P.C. also informant has made similar allegations. It has been submitted that after 20 days of alleged incident, statement of alleged eye witness Vikrant has been recorded, who has inter-alia stated that applicant has given a knife blow at the abdomen of deceased. Learned counsel for applicant has also referred supplementary statement of informant, but he has not assigned any specific role to the applicant. It was stated that besides alleged eye witness, co- accused has also assigned the role of causing injuries to deceased to applicant, but the statement of co-accused can not be considered against the applicant. It has been further submitted that recovery of alleged knife at the instance of applicant is false and baseless. It has also stated that co-accused persons namely Pratap @ Mukul, Kapil, Deepak @ Roki and Dinesh have already been granted bail by co-ordinate Bench of this Court vide orders dated 19.2.2021, 9.6.2021, 19.2.2021 and 26.11.2020 passed in Criminal Misc. Bail Application Nos.45443 of 2020, 15442 of 2021, 45503 of 2020 and 40582 of 2020 respectively. It was submitted that applicant is languishing in jail since 25.7.2020 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. and learned counsel for informant have opposed the bail and argued that applicant is main assailant and he is named in the first information report. Learned counsel for informant pointed out that eye witness of incident namely Vikrant and Karan Singh have clearly stated that it was the applicant-accused Devendra, who has caused knife injuries at abdomen of deceased, which resulted into death of deceased. It was submitted that co-accused has also stated that injuries were caused by applicant. It has been further submitted that role of applicant is distinguished from the above stated co-accused persons namely Pratap @ Mukul, Kapil, Deepak @ Roki and Dinesh, who have been granted bail as the applicant is main accused and role of causing injuries has been assigned to applicant and that weapon of offence i.e. knife has also been recovered from the possession of applicant. It was pointed out that even in the bail orders of above stated co-accused persons, the case of applicant has been distinguished.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Devendra is hereby rejected.
Order Date :- 28.7.2021 Anil K. Sharma