Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31816 of 2021 Applicant :- Rohit @ Sunny Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar 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 bail application has been filed by the applicant in case crime No. 583 of 2020, under Sections 302, 34, 120B, P.S. Jhinjana, District Shamli, with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. It has been submitted that even according to the prosecution version, the role of firing at deceased has been attributed to co-accused Pradeep @ Teenu and merely presence of applicant was shown. The FIR of this case was lodged making false allegations and that applicant was not present in the alleged car. There is no eye-witness of incident and that only evidence of 'last seen' has been shown, which is not reliable. There is no motive on the part of applicant to commit murder of deceased and except confessional statement, there is no direct evidence against the applicant. The alleged recovery of country made pistol shown from applicant, is false and there is no independent witness of said recovery. It has further been submitted that co-accused Sachin @ Jonti and Deepak @ Leela have already been granted bail vide order dated 09.08.2021 and 29.09.2021, passed in Criminal Misc. Bail Application No. 21781 of 2021 and 21771 of 2021. It was further submitted that criminal history of applicant has been explained and now he is languishing in jail since 03.12.2020 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 applicant is named in first information report and that it was clearly stated in the FIR that applicant and co-accused Pradeep @ Teeu were seen in the car with deceased and after that deceased was found murdered. The recovery of country made pistol has also been shown from the applicant. It has further been submitted that there is criminal history of seven cases against the applicant including that of robbery, attempt to murder and Gangster Act. It was submitted that the role of applicant is distinguished from co-accused Sachin @ Jonti and Deepak @ Leela, who have been granted bail.
Perusal of record shows that the applicant is named in FIR and that there is evidence that deceased was 'last seen' in the car with applicant and co-accused Pradeep @ Teenu, whereas the co-accused Sachin @ Jonti and Deepak @ Leela were not named in the FIR. Further, recovery of country made pistol has also shown from the applicant and there is criminal history of seven cases against the applicant. On all these aspects, the case of applicant is distinguished from co-accused Sachin @ Jonti and Deepak @ Leel.
Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and all attending facts and circumstances of case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application of applicant Rohit @ Sunny is hereby rejected.
Order Date :- 28.10.2021/A. Tripathi Digitally signed by RAJBEER SINGH Date: 2021.10.30 15:27:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad