Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7116 of 2019 Applicant :- Shoran @ Kala Opposite Party :- State of U.P.
Counsel for Applicant :- Akshaya Kumar,Bhaskar Bhadra Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Bhaskar Bhadra, 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.235 of 2018 under Sections 307, 413, 414, 411 IPC, Police Station-Adampur, District-Amroha.
3. Learned counsel for applicant contended that no person has received injury in firing and it is only the case of police party firing. It is contended that there is no independent witness to support prosecution case. The applicant has been falsely implicated. It is contended that applicant is in jail since 01.06.2018. 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 and stated that applicant fired on police party and on spot, a stolen motorcycle has been received by police from him, which shows that he is having a criminal history.
5. Considering rival submissions of both sides and also looking into entire facts and circumstances as well as gravity of offence, I do not find it a fit case for grant of bail.
6. Application is, accordingly, rejected.
Order Date :- 28.11.2019 Ashish Pd.