Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47885 of 2020 Applicant :- Dinesh Chandra Alias Karu And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Counter affidavit filed today by the learned A.G.A. is taken on record.
Heard Sri Mukesh Kumar, learned counsel appearing for the applicants and learned A.G.A.
This bail application has been filed by the applicants to enlarge them on bail in case crime no. 227 of 2020, under Section 302 IPC, Police Station Mohammadabad, district Farrukhabad.
Submission of the learned counsel appearing for the applicants is that applicants are not named in the FIR. Nothing is recovered from their possession to connect them with the present matter. None has seen the incident. Witness Shailesh, who claimed to be eye account witness is also witness of inquest proceeding but nothing was stated by him at that time regarding involvement of the present applicants in commission of the crime. It is next contended that no prima facie case is made out against the applicants. Referring to the confessional statement of the co-accused it was also argued that if the entire prosecution case is taken into consideration then also main role for causing fire arm injuries is against the co- accused Karu @ Narendra, who has admitted this fact in confessional statement. At this juncture learned counsel for the applicants referred to the entire documents and further argued that no prima facie case is made out against the applicants. All the criminal cases shown as criminal history have been explained in detail in the supplementary affidavit. Applicants are in jail since 19.08.2020.
Learned A.G.A. argued that there is eye account witness namely Shailesh Kumar although he is witness of the inquest report but reasons have been disclosed by him in his statement under Section 161 Cr.P.C. regarding non disclosure of name of the applicants as an accused in the present matter at initial stage. Applicants and co-accused were seen at the place of occurrence by eye account witness Shailesh Kumar committing the present offence. Thus, a prima facie case is made out against the applicants. Applicants are hardened criminal. Number of criminal cases are pending against them.
Having considered the rival submissions, going through the entire record and also taking into consideration the contents of the FIR as well as statement of eye account witness, the court is of the opinion that applicants have not made out a case for bail.
Bail Application is hereby rejected.
Order Date :- 19.8.2021 Sachdeva