Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4644 of 2019 Applicant :- Gurpratap Singh @ Sunny Opposite Party :- State of U.P.
Counsel for Applicant :- Madhur Prasad,Gaurav Pundir,Gopal Swarup Chaturvedi(Senior Adv.),S B Singh Counsel for Opposite Party :- G.A.,Sushil Shukla
Hon'ble Raj Beer Singh,J.
The present bail application has been filed by the applicant in Case Crime No. 312 of 2017, under Sections 147, 148, 149, 302, 307/34, 120B of IPC and 7 Criminal Law Amendment Act, Police Station Bilaspur, District Rampur with the prayer to enlarge the applicant on bail.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to family dispute and ulterior motive. Deceased was husband of village Pradhan and he was having enmity with several persons of the locality. Alleged witness Gurdeep @ Deepa has not sustained any serious injury and that he was not present at the spot. It was submitted that no one has witnessed alleged incident, which has been committed by unknown persons. The medical report of injured shows that he had sustained injury caused by hard and blunt object whereas he has claimed that he sustained pallet injury and thus, his presence at spot is doubtful. Learned counsel further argued that after investigation under Section 173(8) Cr.P.C., Crime Branch has submitted final report in favour of co-accused Jitendra @ Bittu and that it was found that co-accused Gurudarshan Singh was not present at spot, however, chargesheet was already filed against accused persons. Initially, in the FIR, applicant and four accused persons as well as 4-5 unknown persons were assigned role of indiscriminate firing over deceased but during investigation, seven more persons were named as accused and chargesheet was filed against 14 persons and that during further investigation presence of co-accused Gurudarshan Singh was not found at spot. It was further argued that at the time of alleged incident, applicant was in Punjab and he has been falsely implicated just to ruin his career. Alleged recovery of pistol shown from applicant is false and baseless. It was further submitted that even as per FSL report, no bullet was fired from the alleged pistol, allegedly shown recovered from applicant. It was further submitted that co-accused Annu Thukral @ Anurag Thukral, Smt. Praveen Kaur, Madhur Chauhan, Amandeep Singh, Gagan Deep Singh, Jagdeep Singh, Shaily Cheema, Gagan, Gaurav Singh @ Golu, Gurvaj Singh have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 646 of 2018, 30851 of 2018, 44648 of 2017, 42124 of 2017, 48579 of 2017, 50402 of 2017, 44616 of 2017, 41539 of 2017, 39460 of 2017 and 47252 of 2017 respectively, copies of which has already been with supplementary affidavit. It was further submitted that applicant is languishing in jail since 22.05.2017 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 there are allegations against him that he and co-accused persons have made indiscriminate firing at deceased and also caused injury to one Gurdeep @ Deepa. Injured witness has named applicant as one of the assailant. It was stated that there is criminal history of three cases against applicant. It was further submitted that bail applications of similarly placed co-accused Baghel Singh @ Baghi and Chetan @ Harchetan have already been rejected by Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 19040 of 2018 and 13499 of 2018 respectively, copies of which has already been taken on record. Learned counsel further stated that applicant cannot claim parity with case of above stated co-accused persons, who have been granted bail, as they were not named in FIR.
Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and all attending facts and circumstances of case, the Court is of the opinion that it is not a fit case for bail.
Hence, the bail application is hereby rejected.
Order Date :- 27.11.2019/Mohit