Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11375 of 2021 Applicant :- Manjeet Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.,Rajiv Lochan Shukla
Hon'ble Om Prakash-VII,J.
Heard Sri Raj Kumar Mishra, learned counsel for the applicant, Sri Mukul Yadav, holding brief of Sri Rajiv Lochan Shukla, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 0226 of 2020, under Sections 147, 148, 149, 307, 34, 302, 504, 506 IPC, P.S. Diviyapur, District Auraiya with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and has not committed the present offence. First information report was lodged in this matter on 8.7.2020 at 23.12 hours whereas offence is said to have been committed on same day at 18.45 hours. Although the applicant is named in the first information report but no specific role has been assigned against him therein. Referring to the statement of eye account witness/ injured witness it was further argued that role of causing head injury is assigned to the applicant on the basis of advice. At this juncture, learned counsel for the applicant also referred to medical evidence and further argued that medical evidence does not support the oral version of the prosecution case. Applicant is in jail since 24.7.2020 having no criminal history.
Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and argued that main role for causing fatal injury is assigned against the applicant as is clear from the statement of eye account witnesses / injured witnesses. A number of persons have also sustained injuries in the matter. A prima facie case is made out against the applicant.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Manjeet is hereby rejected.
Order Date :- 28.7.2021 Gss