Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49723 of 2019 Applicant :- Sanjay Opposite Party :- State of U.P.
Counsel for Applicant :- M.P.S. Chauhan,Zia Naz Zaidi Counsel for Opposite Party :- G.A.,Mohit Singh
Hon'ble Yashwant Varma,J.
Heard Sri Satish Trivedi, learned Senior Advocate in support of the application, Sri Nafees Ahmad, the learned A.G.A. for the State, Sri Mohit Singh, learned counsel for the informant and perused the record.
The present bail application has been filed by the applicant in case crime No.236 of 2019, under Section 302 I.P.C., Police Station Gunnaur, District- Sambhal with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the Court takes into consideration the fact that the incident is stated to have occurred in broad day light resulting in the infliction of as many as twelve wounds. The deceased had himself lodged the FIR whereafter statement under Section 161 Cr.P.C. was also recorded. The allegations levelled by the deceased are corroborated by the statement of his wife who was referred to other villagers who came to rescue them and ultimately carried him for treatment. Although it is contended that bearing in mind the nature of injuries which have been inflicted, it would have been impossible or at least improbable for the applicant to have lodged the FIR or to have made a coherent statement before the Police authorities, bearing in mind the heinous nature of the crime which has been committed, the Court finds no ground to enlarge the applicant on bail.
Consequently, the application is rejected.
Order Date :- 26.11.2019 Vivek Kr.