Court No. - 51
Judgement Reserved on 21.11.2019 Judgement Delivered on 28.11.2019 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23572 of 2019 Applicant :- Lalla Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri Mayank Yadav, learned counsel for the applicant and Sri Yogeshwar Rai, learned A. G. A. appearing for the State and perused the record.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.100 of 2018, under Sections 147, 452, 323, 504, 506, 302, 34, IPC, Police Station Parour, District Shahjahanpur.
I have perused the FIR as well as the order by means of which the anticipatory bail application moved on behalf of the applicant has been rejected.
Contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; that the applicant has played no role in the controversy in issue. The further contention is that applicant is in jail since 08.06.2018.
Learned AGA appearing for the State has strongly opposed the prayer for bail, with the contention that the applicant was named in the impugned FIR; specific role has been assigned to him alongwith nine other accused persons; that reliance has been placed on the statement of the injured namely Sudha, who in her statement has categorically stated that "ममेररी भतरीजरी परीतरी उम्र 15 वरर कमे सर मम ललल्ला ककी लल्लाठरी लगनमे समे उसककी ममौकमे पर हरी ममृत्यय हह गयरी।". The further contention is that similar statements have also been given by the other two injured namely Sapna and Lata, the same has been perused by the Court; that in the said incident five persons have received serious injuries. The applicant is in jail since 08.06.2018.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court and also looking to the injuries, no case for grant of any indulgence in the present bail is made out.
Accordingly, the present bail application is hereby rejected.
Order Date :- 28.11.2019 VKG