Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9863 of 2019 Applicant :- Dharmendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Vaishya,Raja Ram Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Hari Pratap Gupta, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons alleging that on 14.10.2018 Shailendra Singh @ (Titu) was killed and he died receiving one gun shot injury. Country made pistol with cartridges used in the crime were recovered at the pointing out of applicant and it was found that due to dispute of water relating to irrigation in the field he killed the deceased, who is cousin (Mausera Bhai) of the applicant.
Learned counsel for the applicant submitted that applicant is not named in the F.I.R. He has been falsely implicated in this case and is languishing in jail since 17.10.2018 (nine months) having no criminal history. Recovery was shown by the Police falsely. There was no intention or motive to kill the deceased. In case he is released on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant had killed his own cousin (Mausera Bhai) by shot fire and country made pistol used in the crime was recovered at the pointing out of the applicant. The applicant is relative of deceased hence there is no chance of false implication. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage in Case Crime No. 78 of 2018, under Section 302 I.P.C., Police Station Lalpura, District Hamirpur.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
D.M. & S.P./S.S.P,- Hamirpur are directed to ensure the presence of the witnesses summoned before the court below.
Office is directed to send a copy of this order to the court concerned within three days for compliance.
Order Date :- 25.7.2019 OP