Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29820 of 2019 Applicant :- Jakir Opposite Party :- State Of U.P.
Counsel for Applicant :- Sujata Choudhary,Mohit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Pankaj Kumar Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 31.8.2018, he shot fire at Chhote, he received one gunshot injury, resultantly died. During investigation, name of applicant was surfaced and it was found that he shot fire at Chhote and countrymade pistol used in this crime was recovered at the pointing out/possession of applicant.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Two witnesses of facts have been examined before trial court, they not supported the prosecution case and turned hostile. Applicant was not named in the F.I.R. Later on, name of applicant was surfaced on the basis of suspicion. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 1.9.2018 (more than nine and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant killed the deceased by shot fire. Applicant is single/main accused in this crime. Countrymade pistol used in this crime was recovered at the pointing out/possession of applicant. Trial is going on. Offence is grievous in nature. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Jakir involved in Case Crime No. 1387 of 2018 as well as Session Trial No. 08 of 2019, under Section 302 IPC, P.S. Lisari Gate, District Meerut is hereby rejected at this stage.
It is expected from the court concerned to decide the trial expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 25.7.2019 A. Singh