Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17259 of 2019 Applicant :- Dinesh Ahirwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Nath Mishra,Neeraj Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant seek bail in Case crime No.1487 of 2018, under Sections 147, 302/34 IPC, Police Station- Kotwali, District Lalitpur.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the name of the applicant has surfaced in the confessional statement of the co- accused Pradeep Ahirwar, who was caught on 17th December, 2018, after lodging the first information report.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant and submits that it is a case based on circumstantial evidence. There is independent testimony of last seen stated by witness Kashiram that the applicant was seen in the company with the deceased on two motorcycle and this fact cannot be rebutted by any of the testimony.
After hearing the submissions raised by learned counsel for the applicant and the reply by the learned A.G.A. and upon perusal of the various documents annexed with the present bail application and also looking to the of the allegations made in the FIR, and considering the gravity of the offence, but not expressing anything on merit, no good ground is made out for bail.
Accordingly, this bail application is rejected at this stage.
Order Date :- 26.4.2019 Raj