Court No. - 34 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24959 of 2017 Applicant :- Pankaj Opposite Party :- State Of U.P.
Counsel for Applicant :- Udai Chandani Counsel for Opposite Party :- G.A.,Pramod Kumar Hon'ble Sudhir Agarwal,J.
1. Heard Sri Anjani Kumar, Advocate holding brief of Sri Udai Chandani, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No.175 of 2016 under Sections 147, 148, 149, 307, 302 IPC, Police Station-Quarsi, District-Aligarh.
3. Learned counsel for applicant contended that applicant is innocent and he has been falsely implicated. No specific role has been assigned to applicant. Applicant is in jail since 28.04.2016. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has vehemently opposed the bail application.
5. Record shows that applicant is named in FIR and he opened fire causing death of Informant's son. Informant is eye witness of occurrence and he has supported FIR version in his statement under Section 161 Cr.P.C. Cause of death is due to fire arm injuries and it has also been supported by Post Mortem Report. Post Mortem Report shows that four ante fire arm injuries were found on dead body of deceased.
6. Looking into entire facts and circumstances as well as gravity of offence, I do not find it a fit case for grant of bail.
7. Application is, accordingly, dismissed.
Order Date :- 31.7.2019/Manish Himwan