Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11704 of 2021 Applicant :- Faheem Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit, filed by the learned AGA and rejoinder affidavit, filed by the learned counsel for the applicant, are taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in case crime no. 922 of 2019, under Sections 302, 307, 504, 120B, 34 IPC, P.S. Loni, District Ghaziabad, with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The applicant is not named in the first information report and that his name been shown on the basis of statement of co-accused Naushad. In the first information report, the role of firing has been attributed to co-accused Raja Pahalwan Qureshi. No recovery has been shown from the applicant. It was alleged that the spot of alleged incident is doubtful. The Investigating Officer has not marked the place in the site plan, from where the alleged recovery of empty cartridges was made. The version of first information report is quite contradictory with the statement of alleged eye-witness Mehruddin. Lastly, it was submitted that the applicant is languishing in jail since 31.08.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that in the FIR, it was alleged that named accused Raja Pahlawan Qureshi as well as his unknown companions have fired at deceased and that during investigation, it was found that one of his companion was applicant accused Faheem. Learned A.G.A. has referred the statement of eye-witnesses Rahees and submitted that the role of firing has also been assigned to applicant.
Perusal of record shows that though the applicant is not named in the first information report, but during investigation, eye-witnesses, namely, Rahees, Mehruddin and Imran have clearly stated that applicant Faheem has also fired at the deceased. Postmortem report of deceased shows that deceased has sustained six firearm injuries. Seizure memo of empty cartridges found at the spot, shows that five empty cartridges of 30 bore and two empty cartridges of 32 bore, were found at the spot, which also shows that two persons have fired at deceased with different weapons.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Faheem is hereby rejected.
Order Date :- 17.9.2021 A. Tripathi