Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45323 of 2017 Applicant :- Ershad Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Ershad alleging that on 22.5.2017 he shot fire at Kaluwa with countrymade pistol. He received gunshot injuries and resultantly died.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 23.5.2017(more than eleven months) having no criminal history. He has been falsely implicated. According to FIR he shot fire from behind but injury was found on front side of abdomen of the deceased.
On the other hand, learned A.G.A. opposed the prayer for bail and submitted that according to statement of deceased recorded under Section 161 Cr.P.C.,this accused has caused gunshot injury on his body. Subsequently he died.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, this Courts finds no case for bail.
The bail application of applicant Ershad involved in Case Crime No.439 of 2017, under Section 302 IPC, Police Station Lisadi Gate, District Meerut, is hereby rejected.
It is expected that trial Court shall decide the case expeditiously.
Copy of this order be transmitted to the District Judge, Meerut for compliance.
Order Date :- 25.4.2018 P.P.