Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7331 of 2018 Applicant :- Shanu @ Yaseen Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This bail application has been moved seeking bail in Case Crime No.208 of 2016 under sections 302, 307 I.P.C., Police Station Jasrathpur, District Etah, during the pendency of trial.
As per FIR, the prosecution case is that the accused is alleged to have fired upon the deceased and was arrested on the spot. There was no occasion for him to conceal the weapon of attack which is shown to have been recovered at a distance. The recovery is absolutely false. Other injured who was also riding the motorcycle, has also been an accused under section 307 IPC.
The contention of the learned counsel for the applicant is that the applicant has been falsely implicated. Police has implicated him only because it had to involve someone in the present offence to work out the case. There is no evidence against him.The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 23.12.2016. In case the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. on the other hand has argued that the first informant of the case is an eye witness of this occurrence. The death of the deceased has occurred due to fire made by the accused. Postmortem report corroborates the same. The accused has criminal history of six cases.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
In the light of the aforesaid arguments, looking to the facts that there is an eye witness whose statement may not be disbelieved at this stage, without expressing any opinion on the merits of the case, it is not found to be a fit case for bail.
The bail application is accordingly rejected.
Order Date :- 27.2.2018 AU