Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4689 of 2018 Applicant :- Pappu Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Purushottam Dixit Counsel for Opposite Party :- G.A.,Dwijendra Prasad,Ravindra Singh
Hon'ble Aniruddha Singh,J.
Sri Purushottam Dixit, learned counsel for the applicant and Sri D.N. Tiwari (B.H.), learned counsel appearing for the State submitted that bail application of any co-accused is not pending in this Court.
Heard learned counsel for the applicant, Sri Satendra Kumar Sharma, Advocate holding brief of Sri Dwijendra Prasad, learned counsel for the complainant, Sri D.N. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons including the applicant alleging that Kallu Sharma @ Kalicharan was killed by shot fire on 5.10.2017 at 17:30 hours. During investigation, country made pistol used in the crime was recovered at the pointing out of applicant.
Learned counsel for the applicant submitted that F.I.R. was lodged after delay of five hours. In the F.I.R. general role has been assigned and on improvement made by the prosecution witnesses, specific role has been assigned to the applicant and arms with blunt objects were assigned against other accused. Hence, co-accused Ankush, Sudhir and Amit have been enlarged on bail by co-ordinate Bench of this Court. The applicant is languishing in jail since 18.10.2016 (more than two and half years) having five cases of criminal history. There is no possibility to get this case decided in near future due to heavy load wok in the trial court. In case he is released on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and submitted that main role of shot fire on the deceased has been assigned against the applicant. Deceased was died receiving three gun shot injuries. Deceased was killed brutally and country made pistol with cartridges used in the crime was recovered at the pointing out of applicant. He is not entitled for bail. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage in Case Crime No. 416 of 2016, Under Sections 302, 506 I.P.C., Police Station Tappal, District Aligarh.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
D.M. & S.P./S.S.P,- Aligarh are directed to ensure the presence of the witnesses summoned before the court below. The learned District Judge, Aligarh is also directed to monitor the case on monthly basis in the Monitoring Cell.
Office is directed to send a copy of this order to the court concerned within three days for compliance.
Order Date :- 31.7.2019 OP