Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14363 of 2019 Applicant :- Mabood Hussain @ Munna Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Singh,Dheeraj Singh (Bohra),Irfan Ahmad Malik,Vinod Kumar Mishra Counsel for Opposite Party :- G.A.,Sudhir Mehrotra
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Vijay Gautam, learned Senior Advocate assisted by Sri Vinod Kumar Mishra, learned counsel for applicant, learned A.G.A. for State and Sri Sudhir Mehrotra, Advocate for Complainant.
2. This bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 131 of 2015, under Section 307 IPC, Police Station Nawabganj, District Prayagraj.
3. It is contended that applicant is not named in First Information Report and in the statement recorded by police there are different versions.
4. Learned counsel appearing for complainant however stated that applicant has old enmity and since he was already involved in criminal cases registered in the year 2015 in order to take revenge he opened fire upon injured. The applicant has criminal history as stated in para 10 of counter affidavit but that has been concealed in bail application. The criminal history given in para 10 of counter affidavit is reproduced as under:
"(a) Case Crime No. 102 of 2006 under Sections 452, 325, 504 IPC.
(b) Case Crime No. 76 of 2014 under Sections 323, 504, 506, 325, 452 IPC.
(c) Case Crime No. 574 of 2014, under Sections 307, 323, 504 IPC.
All Police Station Nawabganj, District Allahabad."
5. When questioned, learned counsel appearing for applicant could not dispute that applicant has criminal history. He stated that though applicant's criminal history could not be disclosed in bail application but subsequently it has been stated in supplementary affidavit, which has been filed after filing of counter and rejoinder affidavit. This shows conduct of applicant. Looking to entire facts as also conduct of applicant, I do not find it a fit case for grant of bail.
6. Application is accordingly dismissed.
Order Date :- 18.12.2019 AK