Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26706 of 2021 Applicant :- Kishan Chandra @ Bhaiya Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.338 of 2021, under Sections 307, 323, 504, 506, 34, 120B I.P.C., Police Station Cannt., District Prayagraj.
It is submitted by learned counsel for the applicant that according to the prosecution version informant was constructing his new house, the neighbour namely Sapna Srivastava and Rajesh Srivastava were constantly threatening him of dire consequences and on 4.10.2020 when informant was installing gate, both of them started abusing and assaulted with stones on account of which the mother of the informant Meena Devi received injury in her right arm. Police was informed on account of which police took away the mother of the informant as well as Sapna Srivastava due to which Rajesh Srivastava and his family became annoyed and on 4.10.2021 at about 8:00 p.m. when he went to take vegetable at Beilly crossing (Chauraha) applicant fired at Amit brother of informant. He next submits that in his statement u/s 161 Cr.P. C. injured Amit has stated that when he was returning on the way applicant and co-accused Rajesh Srivastava stopped him and with intention to kill applicant fired at him which hit above his chest on left side. He next submits that co-accused Rajesh Srivastava has already been granted bail by a co-ordinate Bench of this Court in Criminal Misc.Bail Application No.4137 of 2021, vide order dated 17.3.2021. Applicant's case is at par with co-accused released on bail, therefore, he is entitled for bail on the ground of parity.. He also submits that there is no possibility of fleeing away of the applicant from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. Applicant, having no criminal history, is languishing in jail since 28.01.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that specific role of firing has been assigned to the applicant which is corroborated by the medical report, therefore, he does not deserve any benevolence.
Considering the submission of learned counsel for the parties, facts and circumstances of the case and injury report, allegation against the applicant and his role of firing, I am of the view that it is not a fit case for bail. Therefore, the bail application of the applicant stands rejected.
Order Date :- 27.9.2021 m.a.