Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9163 of 2021 Applicant :- Manish Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by learned counsel for the applicant today, in Court, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant involved in Case Crime No.166 of 2019, under Sections 302, 307, 506 IPC, P.S.Meerapur, District Muzaffar Nagar with the prayer to enlarge him on bail.
The FIR was lodged against four accused persons including applicant alleging that co-accused Shiv Kumar, Gurdeep and Randhir have caught the deceased and applicant has fired a bullet at deceased with a country made pistol and resultantly, the deceased Kuldeep has died at the spot.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Learned counsel has referred the statement of first informant, recorded under Section 161 Cr.P.C., and submitted that first informant has made improvement in his statement and it was also clear from his statement that he is not an eye-witness of alleged incident. Similarly another witness Dharmendra is also not an eye-witness of alleged incident and he has reached at the spot after commission of the incident. The statements of these witnesses were also recorded, under Section 164 Cr.P.C., wherein, this version was developed that deceased has told that fire has been shot at him by applicant. Learned counsel has submitted that there is no eye-witness account of alleged incident. It has been further submitted that as per prosecution version, only fire-arm injuries were caused to deceased Kuldeep, whereas, in the post-
mortem report of deceased, besides the fire-arm injury, several other injuries have been shown at his body and no explanation has given by prosecution that how the deceased has sustained these injuries, which makes prosecution version doubtful. It has been submitted that alleged recovery of country made pistol shown from the applicant is false and baseless and there is no independent witness of said recovery. It was further submitted that applicant is languishing in jail since 07.06.2019 and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is the main accused and that role of shooting at deceased has been attributed to applicant. It has been submitted that motive is also shown on the part of the applicant, as deceased was having illicit relations with the sister of applicant. Learned A.G.A. has also referred the statement of accused persons, wherein, the role of fire has been assigned to applicant. It was further submitted that recovery of country made pistol was also shown from the possession of applicant.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Manish is hereby rejected.
Order Date :- 23.9.2021/Neeraj