Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41353 of 2018 Applicant :- Rampal Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
This bail application has been preferred by the accused-applicant, Rampal, who is involved in Case Crime No. 425 of 2018, under Sections 147/149/302/506 I.P.C. P.S.- Bhopa, District- Muzaffarnagar.
Learned counsel appearing on behalf of the applicant in support of his prayer for bail submits that the applicant is innocent and old aged person and he has been falsely implicated in the present case. It is further submitted that there is delay in lodging the FIR but no plausible explanation of the same has been given by the prosecution. Learned counsel submits that there is major contradictions in the version of the FIR and statement of witnesses as Investigating Officer has not found any witness, who discloses the names of Yogesh and Rakesh and, as such, their names have been exonerated in the charge-sheet and in the FIR their names have been mentioned as accused. Learned counsel further submits that on the spot where incident in question has taken place a CCTV camera was installed but during the investigation, Investigating Officer has not taken any recording of the said CCTV camera. Learned counsel lastly submits that there is no early prospect of conclusion of trial, as such, the applicant, who is in jail since 14.07.2018, having no criminal history to his credit, deserves to be released on bail.
Per-contra learned counsel for the complainant Sri Mahendra Ram Maurya as well as learned AGA have vehemently opposed the prayer for grant of bail to the applicant by submitting that present applicant has played active role in killing of the deceased and there is witnesses present on the spot, who supported the version of FIR. They further submits that the accused persons have caused multiple injuries to the deceased and due to that he was died. It has also been submitted that there is prior enmity between the parties and, as such, motive was also there to kill the deceased.
I have heard learned counsel for the petitioner, learned counsel for the complainant as well as learned AGA and perused the record.
In the present case, it is admitted position that there is enmity between the parties. The applicant is named in the FIR. The postmortem report corroborates the version of the FIR. Considering the aforesaid facts and circumstances of the case, the nature of allegations, the gravity of offence, this Court without expressing any opinion on merits, does not find it to be a fit case for bail at this stage. The bail application stands rejected at this stage.
Present bail application is dismissed, accordingly.
Order Date :- 31.10.2018 Shekhar [Chandra Dhari Singh, J.]