Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49557 of 2018 Applicant :- Manmohan Das Baba Opposite Party :- State Of U.P.
Counsel for Applicant :- Tarun Kumar Srivastava Counsel for Opposite Party :- G.A.,Lavkush Kumar Bhatt
Hon'ble Harsh Kumar,J.
Heard Sri Tarun Kumar Srivastava, learned counsel for applicant, Sri Lavkush Kumar Bhatt, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated for murder of Amit Rathore and for causing injuries to Vishal Varma on 03.10.2016; that as per prosecution case, deceased Amit Rathore was carrying on a clinic in shop of Ram Janki temple, and injured Vishal Verma was carrying on a motor mechanic shop in another shop of temple of which applicant was Pujari as well as Mahant, and since applicant was trying to get the temple shops vacated, on 03.10.2016 at 04:00 p.m. he abused tenants and upon protest fired in head of Amit Rathore and also caused fire arm injury in the chest of Vishal Verma; that entire prosecution story is absolutely false and incorrect; that nothing material has been recovered from applicant; that injured is alleged to have been discharged after four days of treatment; that prosecution witness Shashi Kant and Sumit Kumar has been examined as PW-1 and PW-2 and then statements are contradictory and are not reliable; that applicant is in custody since 04.10.2016; that it is not disputed that applicant was previously taken into custody in one murder case; that applicant though was willing to get his shop vacated but did not commit the incident in question.
Learned A.G.A. and learned counsel for first informant vehemently opposed the prayer of bail and contended that prompt FIR has been lodged regarding broad daylight murder; that applicant caused gun shot injury to deceased Amit Rathore by point blank range, and similarly gun shot injury was caused to Vishal Verma in his chest; that during trial statement of first informant was recorded on 14.07.2017 on which date, cross examination was deferred on adjournment application by accused, and since 14.07.2017, cross examination was got adjournment by applicant from 14.07.2017 to 15.07.2017 and then several other dates and was done in piecemeal on 15.07.2017, 24.08.2017, 16.09.2017 and was completed after a period of more than 9 months on 27.04.2018; that similarly PW-2 Sumit Kumar was examined on 13.07.2018 but his cross examination was not completed on the same day and he was only partly cross examined on 02.08.2018 and his cross examination is still incomplete; that applicant is an influential person with criminal antecedents, and if anything has come in the statement of first informant, it will be considered as a whole at the time of final disposal of trial and may not be read in piecemeal; that injured Vishal Varma and another eye witnesses of fact viz Chhote Lal Verma etc. are yet to be examined; that applicant is putting pressure on prosecution witnesses and trying to win them over; that if applicant is released on bail, he shall misuse the liberty of bail, will tamper with prosecution witness and obstruct fair trial; that applicant despite having knowledge of his criminal antecedents has not explained his criminal history while he is already being tried for another murder in Case Crime No. 283 of 2008 under Section 307, 302 IPC.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I do not find it a fit case for bail.
The bail application of applicant Manmohan Das Baba in Case Crime No. 390 of 2016 under Sections 302, 307 I.P.C., P.S. Mau Darwaja District Farrukhabad is rejected accordingly.
However, the trial court is requested to conclude the trial expeditoously without granting unnecessary adjournment to either party and without deferring the cross examination of witness of the incident.
Order Date :- 21.1.2019 M. ARIF