Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24966 of 2016 Applicant :- Lalu Opposite Party :- State Of U.P.
Counsel for Applicant :- Imran Mabood Khan,Subhash Chandra Pandey Counsel for Opposite Party :- G.A.,Nagendra Kumar Singh And Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24451 of 2016 Applicant :- Rakesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Bharat Singh,Adya Prasad Tewari,Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.,Nagendra Kumar Singh Hon'ble Sudhir Agarwal,J.
1. Heard Sri Subhash Chandra Pandey, learned counsel for applicants and learned A.G.A. for State.
2. The present bail application has been moved by accused- applicants for enlarging them on bail in Case Crime No. 0576 of 2015, under Sections 147, 148, 149, 302, 506 IPC, Police Station Bisauli, District Budaun.
3. In the FIR, Informant has stated that she has seen applicants with country made pistol; and, Gaurav and Kunnu Harveer were also having illegal weapons. Rakesh and Lalu said to Informant that her son had been murdered by them and told her to run away else they all will also be killed. This statement is supported by Informant's husband in his statement recorded under Section 161 Cr.P.C. He also said that when they reached the spot, they found body of his son Jasveer was lying in Chabootara. Rakesh, Lalu and others were seen running having firearms in their hands.
4. Counsel for applicant further said that Gaurav has been enlarged on bail vide order dated 22.3.2018 passed by this Court in Bail Application No.43482 of 2015 but I find that Rakesh and Lalu have been specifically named by Informant and other witnesses and body of Jasveer was found near the house of Rakesh. Informant specifically stated that Rakesh and Lalu threatened her. Therefore, case of Rakesh and Lalu is different than the case of Gaurav.
5. Looking to entire facts and circumstances, at this stage, I do not find it a fit case for grant of bail.
6. Both the applications are accordingly rejected.
Order Date :- 30.7.2019 KA