Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8861 of 2019 Applicant :- Satish Opposite Party :- State Of U.P.
Counsel for Applicant :- Kashi Naresh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri Mayank Mishra,learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged against unknown person alleging that on 16.9.2018 at unknown time Gopiram @ Birbal Lodhi was killed. According to postmortem report, he received three antemortem lacerated wounds (one on head). Later on, names of Satish and Ram Sewak were surfaced and it was found that Satish had assaulted the deceased with iron rod(saria) with the help of Ram Sewak. This fact was also confessed by Satish. After investigation, chargesheet was submitted. At the pointing out of Ram Sewak, knife and from Satish one countrymade pistol were recovered.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 2.10.2018(about ten months). Criminal history of seven cases have been explained. He was not named in the FIR. He was working in the field of Paddy(dhan). Police arrested him from the field on 2.10.2018. Arrest has been shown falsely in a police encounter case. This fact was informed to the Thanadhkshya personally and well as by sending letter to the Chief Minister on 1.10.2018. Recovery of countrymade pistol was planted by the police. Except the confessional statements of Ram Sewak as well as applicant before the police personnels, there is no legal evidence. No any rod/saria has been recovered from the possession of the applicant.
Learned Brief Holder submitted that the applicant has seven cases to his credit(two cases each under section 307, 392, 379 IPC and one case under section 25/27 Arms Act). Specific role was assigned to the applicant. Hence, he is not entitled to bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application of applicant Satish involved in Case Crime No.183 of 2018, under Section 302 IPC, Police Station Madrak, District Aligarh is hereby rejected at this stage.
Court concerned is directed to decide the case according to Section 309 Cr.P.C. if there is no legal impediment.
Let copy of this order be sent to the Court concerned within five days for compliance.
Order Date :- 25.7.2019 P.P.