Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52841 of 2019 Applicant :- Monu Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Nafees Ahmad 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. 779 of 2019, under Sections 302, 201, 147, 149, 120B I.P.C., police station Kankarkhera, District-Meerut with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for grant of bail, the Court notes that the applicant has been named by a co-accused whose statement has been recorded in the course of investigation. More importantly the Base Ball Bats which were allegedly used in the commission of crime have been recovered at the pointing out of the applicant. Although the learned counsel seeks to draw sustenance from a perceived inconsistency between the entries in the case diary and the recovery memo, the Court notes that the recovery memo evidences the discovery of items during the joint exercise which was undertaken. The recovery memo clearly and in unequivocal terms recites that the second Base Ball Bat which was utilised in the commission of the crime was recovered at the pointing out of the applicant.
Bearing the aforesaid in mind, the Court finds no ground to enlarge the applicant on bail at this stage. Consequently the applicants stands rejected.
Order Date :- 29.11.2019/faraz