Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27412 of 2016 Applicant :- Rishi Kumar @ Rishi Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Murari Tripathi,Rajesh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri K.M. Tripathi, learned counsel for applicant and perused the record.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 1411 of 2011, under Sections 147, 148, 149, 307, 302, 34, 120B IPC, Police Station Kotwali, District Mainpuri.
3. It is contended that there are several persons who are alleged to have opened fire causing death and no specific role has been assigned to applicant.
4. However, I find that applicant was named in the first information report and it is clearly stated that he is carrying firearm and two persons were died as also sustained firearm injuries as per post mortem report.
5. It is further submitted that other accused persons, namely, Pramod Kumar Kashyap, Monu @ Puneet and Adesh Kumar Mishra have been granted bail in Criminal Misc. Bail Applications No. 32635 of 2011, 32760 of 2011 and 7630 of 2012, decided on 02.12.2011, 05.12.2011 and 28.03.2012 respectively.
6. Therefrom I find that aforesaid accused-applicants were not named in first information report and were subsequently implicated and that is why they have been granted bail. In the present case applicant is named in first information report and statement recorded under Section 161 Cr.P.C. supports the FIR version. Applicant's case in present bail application is district than those who have been granted bail. Looking to entire facts and circumstances, I do not find it a fit case for grant of bail.
7. Application is accordingly dismissed.
Order Date :- 31.5.2019 AK