Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20170 of 2021 Applicant :- Harishankar @ Bhola Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant who is involved in case crime no. 186 of 2020, under Sections 149, 302, 120B and 34 I.P.C., P.S. Naseerpur, district-Firozabad and is in jail since 24.8.2020, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant about the death of his nephew against three named and one unidentified person, including present accused, who happens to be brother-in-law of the deceased.
Learned counsel for the applicant has submitted that there is no evidence against the applicant. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that other co-accused Ram Naresh has already been enlarged on bail by another Bench of this Court vide order dated 17.12.2020 passed in Criminal Misc. Bail Application no. 47206 of 2020. He lastly submits that the applicant has no criminal history and he is languishing in jail since 24.8.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned AGA opposed the prayer for bail and submitted that recovery of country made pistol was made from the applicant's possession and the present accused was seen by independent witness Mukesh, who had transported the present accused and other co-accused Aniruddh and Moni on his boat and later on they had returned back on the same boat and in between he had heard a sound of firing and while they were returning back he saw their clothes were dirty and had some blood stains on them and even had blood stains on their hands. He also submits that deceased had received gunshot injury and as to why the complainant shall nominate the brother-in-law and wife of the deceased on false ground. He lastly submits that the applicant was having previous criminal history of a murder case also, hence his prayer for bail is liable to he rejected at this stage.
After having heard the rival submissions advanced by learned counsel for the applicant and learned A.G.A. for the State, this Court does not find it proper to release the applicant on bail.
The bail application is accordingly rejected.
Order Date :- 16.8.2021 Faridul Digitally signed by Justice Ajit Singh Date: 2021.08.19 11:23:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad