Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25401 of 2019 Applicant :- Divyans Pal Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi,Siddhartha Baghel Counsel for Opposite Party :- G.A.,Sujata Choudhary
Hon'ble Raj Beer Singh,J.
Counter affidavit on behalf of the State, filed in Court today, is taken on record.
Heard leaned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State-respondent and perused the material brought on record.
The present bail application has been filed by the applicant in case crime No. 0012/2019, under Section 307 IPC, police station Nauchandi, District Meerut with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant has been falsely implicated in this case and he has not caused any injury to any of the injured. It was submitted that applicant was falsely implicated in this case only because he is friend of co-accused Ankur Baliyan and that no weapon has been recovered at the instance of the applicant. It was further submitted that statement of injured has been recorded with quite long delay and that applicant has not fired any shot at any injured. It was also submitted that the applicant is in judicial custody since 07.01.2019, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
On the other hand, learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail and argued that applicant is named in the FIR and that injured Abhishek has specifically stated that a shot was fired by the applicant at him, which has caused through and through injury at his mouth. Besides that one more injured, namely, Mohit has also sustained firearm injuries and that facts clearly indicate that applicant and co- accused have committed this incident with intention to commit murder of the injured persons. It was submitted that injured Abhishek has sustained grievous firearm injuries at his face and injury was through and through. Regarding delay in statement of witnesses, it was submitted that as injured has sustained serious injuries at mouth and he was under treatment, the delay in recording their statements is quite normal.
After considering submissions of learned counsel for the parties, gravity of the offence, severity of punishment in case of conviction, nature of injuries sustained by injured persons, role assigned to the applicant and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of the applicant Divyans Pal is rejected.
Order Date :- 17.12.2019 Anand