Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30117 of 2019 Applicant :- Sandeep @ Sanjeev Opposite Party :- State Of U.P.
Counsel for Applicant :- Sikandar B. Kochar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against applicant alleging that on 7.11.2018, he shot fire at Shanti Devi (mother of complainant), she received one gunshot injury, resultantly died. Countrymade pistol used in the crime was recovered at the pointing out of applicant.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Statement of applicant was recorded, she stated that incident was done accidentally at the time of checking pistol. Applicant has also received injury on left index finger. There was not intention to kill the deceased. Offence under Section 302 IPC is not made out against the applicant. He is languishing in jail since 17.11.2018 (more than eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant killed deceased by shot fire. Main role of firing was assigned to applicant and he is single accused in this crime. Countrymade pistol used in the crime was recovered at the pointing out of applicant. Trial is going on. Offence is grievous in nature. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Sandeep @ Sanjeev involved in Case Crime No. 270 of 2018, under Sections 302, 354 IPC, P.S. Saifai, District Etawah is hereby rejected at this stage.
It is expected from the court concerned to decide the trial expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 30.7.2019 A. Singh