Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15838 of 2019 Applicant :- Kulbeer Bhati Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikas Srivastava,Dinesh Kumar Sharma,Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.,Mayank
Hon'ble Aniruddha Singh,J.
Heard Sri Gopal Swaroop Chaturvedi, learned Senior Advocate assisted by Sri Vinod Kumar Tripathi, learned counsel for the applicant, Sri Rohit Shukla, Advocate holding brief of Sri Mayank, learned counsel for the complainant as well as Sri H.P. Gupta, learned AGA for the State and perused the record. They stated that no bail application of any co-accused is pending before this Court.
According to prosecution case, FIR was lodged against seven persons namely, Yogesh, Harendra, Ravi, Randeep, Kulbeer, Umesh Sharma and Amit alleging that on 24.4.2013 at 5:45 P.M. they killed Chaman Bhati aged 32 years(son of complainant) by indiscriminate firing. He received 23 gunshot entry and exit wounds.
Learned counsel for the applicant submitted that co-accused Yogesh, Harendra, Umesh Sharma and other accused who were not named in the FIR have been enlarged on bail. Bail of co- accused Randeep Bhati has been rejected. Co-accused Ravi is absconding and co-accused Amit died. The case of the applicant is identical to co-accused released on bail. The applicant is languishing in jail since 10.11.2017(about one year and eight months) having criminal history of twenty two cases in which he is either on bail or acquitted or exonerated or not summoned(criminal history has been explained in paragraph 10 of the bail application). There is no independent witness. The incident was committed by unknown person and applicant has been falsely implicated due to previous enmity.
Learned AGA and learned counsel for the complainant opposed and submitted that deceased was witness in Case Crime No. 123 of 2012 under sections 147, 148, 149 and 302 IPC and the applicant was the accused. Deceased was not ready to compromise, hence he was killed brutally. The applicant is awarded criminal(Inami Badmas) of Rs.1,00,000/-(Rs. one lac) by the police and one application under section 482 Cr.P.C. No.11552 of 2018 was preferred by the complainant alleging that accused were threatening the witnesses, hence case be decided expeditiously in which order dated 10.4.2018 was passed directing the trial Court to decide the trial within three months from the date of receipt of certified copy of order. The applicant was absconding since long. The bail of co-accused Randeep Bhati was rejected vide order dated 23.5.2017 in Criminal Misc. Bail Application No. 7046 of 2017 by coordinate Bench of this Court and second bail application was also rejected. The applicant is the hardened criminal and if he is released on bail, he will pressurize the witnesses and justice would not be done. There are further chances to abscond again.
I have perused the prosecution story as stated above in FIR and also bail rejection order. The applicant is extending threats and if he is released, he may again commit crime of similar nature. Against him. twenty two cases under various sections including section 307 IPC, Goonda Act, Gangsters Act etc. are pending. Considering the view taken by the Apex Court vide order dated 23.8.2018 passed in the case of Criminal Appeal No. 1054 of 2018 Sudha Singh vs. State of U.P. (arising out of SLP (Crl.)No. 1208 of 2018), this Court is of the opinion that the applicant is not entitled to bail.
The bail application of applicant Kulbeer Bhati involved in Case Crime No.184 of 2013, under Section 147, 148, 149, 452, 302, 307, 120-B IPC and Section 7 of Criminal Law(Amendment) Act, Police Station Dadri, District Gautam Buddh Nagar is hereby rejected.
Court concerned is directed to decide the case according to Section 309 Cr.P.C. if there is no legal impediment.
Let copy of this order be sent to the Court concerned within four days for compliance.
Order Date :- 31.7.2019 P.P.