Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39690 of 2017 Applicant :- Satish Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Dwivedi,S.P.S. Chauhan Counsel for Opposite Party :- G.A.,Akhilesh Singh,Prabodh Kumar
Hon'ble Sudhir Agarwal,J.
1. Heard Sri S. P. S. Chauhan, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No.211 of 2016, under Sections-302/34 IPC, Police Station-Mant, District-Mathura.
3. Learned counsel for applicant contended that four persons were named in FIR including applicant but no specific role was assigned and subsequently, Informant has said that applicant too shot on the chest of Informant's brother whereafter he tried to run and just after 15-20 steps he fell down; thereafter he was taken to hospital but was declared dead. It is contended that co-accused Awadesh, Radhey Shyam alias Radhey and Pawan Prakash alias Kallu have been granted bail by Co-ordinate Benches of this Court vide order dated 19.01.2017 in Crl. Misc. Bail Application No.1018 of 2017, vide order dated 17.02.2017 in Crl. Misc. Bail Application No.3794 of 2017 and vide order dated 26.04.2017 in Crl. Misc. Bail Application No.10669 of 2017 respectively. It is contended that applicant is in jail since 31.08.2016. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has vehemently opposed the bail application.
5. Perusal of order dated 18.01.2017 passed in Crl. Misc. Bail Application No.1018 of 2017 granting bail to co-accused Awadesh itself shows that specific role was assigned to accused Satish and he is said to be main assailant. Said order has been followed while granting bail to co-accused Radhey Shyam alias Radhey vide order dated 17.02.2017 in Crl. Misc. Bail Application No.3794 of 2017 and co-accused Pawan Prakash alias Kallu vide order dated 26.04.2017 in Crl. Misc. Bail Application No.10669 of 2017. Case of present applicant is not similar to other co-accused wherein other co-accused have been granted bail by noticing this fact that they were not main assailant and main assailant is present applicant. Informant is eye witness and has categorically stated about role of applicant in alleged crime. Cause of death has also been fortified by Post Mortem Examination Report.
6. Considering the submissions of both sides and looking into entire facts and circumstances as well as gravity of offence, I do not find it a fit case for grant of bail.
7. Application is, accordingly, dismissed.
Order Date :- 30.9.2019 Manish Himwan