Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14675 of 2021 Applicant :- Pappu @ Mahesh Pahadi Opposite Party :- State of U.P.
Counsel for Applicant :- Kamesh Kumar Arya Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present second bail application has been filed by the applicant in case crime No. 787 of 2018, under Sections 302, 120-B IPC, P.S. Civil Lines, District Moradabad with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Learned counsel submitted that first bail application of applicant was rejected by this Court vide order dated 20.01.2020, passed in Criminal Misc. Bail Application No. 7326 of 2019. It has been submitted that similarly placed co- accused Amit Kumar has already been granted bail by this Court vide order dated 09.01.2019, passed in Criminal Misc. Bail Application No. 46089 of 2018 but that bail order has not been taken into consideration by this court while deciding the first bail application. It was further submitted that the applicant is languishing in jail since 05.08.2018, having no criminal history 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 it has emerged during investigation that co-accused Vikas and Vimal have hired applicant and co-accused Vicky for eliminating deceased and that on 03.08.2018 they have fired at deceased causing his death. Thus, the role of applicant is distinguished from the case of co-accused Amit and that in CCTV footage applicant was seen committing murder of deceased. It has also been submitted that applicant has criminal history of six cases, which includes cases of attempt to murder and arms act. Learned A.G.A. further submitted that no new ground could be shown for entertaining this second bail application.
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 Pappu @ Mahesh Pahadi is hereby rejected.
However, keeping in view period of incarceration of applicant, trial court is directed to expedite the trial and to conclude the same preferably within a period of one year from the date of filing of certified copy of this order, if there is no other legal impediment.
Order Date :- 28.7.2021 A. Tripathi