Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7978 of 2019 Applicant :- Ram Sewak Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as Sri Mayank Mishra, learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged against unknown person alleging that on 16.9.2018 at unknown time Gopiram @ Birbal Lodhi was killed. According to postmortem report, he received three antemortem lacerated wounds (one on head). Later on, names of Satish and Ram Sewak were surfaced and it was found that Satish had assaulted the deceased with iron rod(saria) with the help of Ram Sewak. This fact was also confessed by Satish. After investigation, chargesheet was submitted. At the pointing out of Ram Sewak, knife and from Satish one countrymade pistol were recovered.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 3.10.2018(about ten months). Criminal history of five cases have been explained. He was not named in the FIR. False recovery has been shown by the police. Except the confessional statement before police personnels, there is no legal evidence against him.
Learned Brief Holder submitted that the applicant is habitual. He helped Satish in killing the deceased. He has seventeen criminal cases to his credit and only five criminal cases have been explained in paragraph 14 of the bail application. If he is enlarged on bail, he will further indulge in the crime. Hence, he is not entitled to bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application of applicant Ram Sewak involved in Case Crime No.183 of 2018, under Section 302 IPC, Police Station Madrak, District Aligarh is hereby rejected at this stage.
Court concerned is directed to decide the case according to Section 309 Cr.P.C. if there is no legal impediment.
Let copy of this order be sent to the Court concerned within five days for compliance.
Order Date :- 25.7.2019/P.P.