Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30139 of 2019 Applicant :- Maksood Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary(Senior Adv.),Irshad Husain Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Manish Tiwary, learned Senior Advocate, assisted by Sri Irshad Husain, learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons namely, Maksood, Yasin and Gufran alleging that on 7.11.2017, on the exhortation of Gufran; Maksood and Yasin shot fire at Imtiyaz Ahmad @ Sonu, he received two gun shot injuries, resultantly died. Countrymade pistol used in the crime was recovered at the pointing out of Maksood and Yasin each.
It is submitted by learned counsel for the applicant that co-accused namely Gufran has been granted bail by co-ordinate Bench of this Court vide order dated 28.2.2018 in Criminal Misc. Bail Application No. 7663 of 2018. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. After postmortem, it was found that four injuries were found on the body of deceased; prosecution has changed the story that Maksood and Yasin assaulted the deceased with lathi. There is no possibility to get this case decided in short period in future due to heavy workload in trial court. He is languishing in jail since 8.11.2017 (more than one year and eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant main role of firing was assigned to applicant and co-accused Yasin. The case of applicant is distinguishable from co-accused Gufran who has already been granted bail by co-ordinate Bench of this Court. According to bail order of Gufran, main role was assigned to applicant and co-accused Yasin. Countrymade pistol used in the crime was recovered at the pointing out of applicant. Trial is going on. Offence is grievous in nature. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Maksood involved in Case Crime No. 549 of 2017, under Sections 302, 504, 506 IPC, P.S. Nawabganj, District Allahabad is hereby rejected at this stage.
It is expected from the court concerned to decide the trial expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 30.7.2019 A. Singh