Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 455 of 2019 Applicant :- Kausar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Naushad,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant Kausar who is involved in Case Crime No. 616 of 2015, under Sections 147, 148, 149, 452, 302, 307, 504, 506 I.P.C. and section 7 of Criminal Law Amendment Act, Police Station- Kairana, District- Shamli.
As per prosecution version due to enmity on 8.9.2015 at about 5 p.m. applicant and co-accused Gayub, Tayab, Fajil, Vashi, Rashid, Hasim, Haidar, Sarvar, Mukeem alias Kala, Mustkeem alias Kala, Sabir, Firoj alias pauya entered into the house of informant and fired indiscriminately due to which Mursaleen alias Lalla, Km. Nasreen, Mafreen have sustained injuries. Later on Mursaleen alias Lalla succumbed due to his injuries.
Learned counsel for the appellant contended that Tayab, Gayub, Hasim, Rashid, Haidar and Mustkeem have already been enlarged on bail by order of this Court. The role of the appellant is similar to that of co-accused Mustkeem.
Learned A.G.A. has opposed the prayer for bail and submitted that appellant is a heinous criminal. The appellant is member of Mukeem alias Kala gang. One carbine of 9 m.m., one pistol 32 bore, one D.B.B.L. gun and ammunition were recovered from Mukeem alias Kala and Sabir. Appellant has a criminal history of seven cases which are as under:
(1) Case Crime No. 600 of 2014 under Sections 18/8 N.D.P.S.
Act
(2) Case Crime No. 754 of 2014 under Sections 174A IPC
(3) Case Crime No. 242 of 2014 under Sections 174A IPC
(4) Case Crime No. 454 of 2014 under Sections 395, 412, 120B IPC
(5) Case Crime No. 352 of 2017 under Sections 3/25 of Arms Act
(6) Case Crime No. 351 of 2017 under Section 307 IPC
(7) Case Crime No. 616 of 2015 under Sections 147, 148, 149, 352, 323, 302, 307, 504, 506 IPC and Section 7 of Criminal Law Amendment Act.
This is a case of day light murder. Km. Nasreen, Mafreen have sustained fire arm injury. Deceased Mursaleen alias Lalla had sustained 10 fire arm injury out of which six injuries are entry wound and four injuries are exist wound.
Considering the facts and circumstances of the case and gravity of the offence, it is not a fit case to enlarge the appellant on bail.
Accordingly, bail application stands dismissed.
Order Date :- 22.1.2019 Manish Tripathi