Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42321 of 2018 Applicant :- Harendra Singh @ Kunnu Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Ram Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Dhnanjay Singh Yadav, Advocate, holding brief of Sri Sunil Kumar Ram, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused- applicant for enlarging him on bail in Case Crime No. 57 of 2018, under Sections 307, 394, 511 IPC, Police Station Nagara, District Ballia.
3. It is stated by applicant that FIR has been lodged against unknown person and applicant has been falsely implicated in the present case. The two co-accused namely Vivek Singh @ Babloo and Ankit Kumar have been granted bail vide order dated 16.8.2018 passed in Criminal Misc. Bail Applications No.31036 of 2018 and 30974 of 2018 respectively, therefore, applicant is also entitled to be released on bail.
4. However, from perusal of aforesaid bail orders I find that Court has specifically recorded a finding that those co-accused were differently placed, inasmuch as, role of firing was assigned to Harendra Singh @ Kunnu i.e. applicant in the present case and this is the ground, which has been relied by the Court in distinguishing case of Vivek Singh @ Babloo and Ankit Kumar and to grant them bail. The present applicant is Harendra singh @ Kunnu himself, who has been assigned role of firing upon Informant and Ajay Chaurasiya causing firearm injuries to them. Prima facie, in my view, applicant is capable of tempering the evidence and threatening the witnesses.
5. Looking to entire facts and circumstances, at this stage, I do not find it a fit case for grant of bail.
6. Application is accordingly rejected.
Order Date :- 27.11.2019 KA