Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29739 of 2019 Applicant :- Sonu Kumar Patel@ Sonu Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Pandey,Ashutosh Gupta Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri H.P. Gupta, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against Sonu and his friend alleging that on 9.4.2018, they killed Manoj Patel by shot fire, he received one gunshot injury. During investigation, it was found sister of complainant has been forcibly kept by accused Sonu and threatened him due to which Sonu killed Manoj Patel. Countrymade pistol used in this crime was recovered at the pointing out/possession of applicant.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant except confessional statement of applicant before police personnels. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 26.4.2019 (near about three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant killed the deceased by shot fire. Main role of firing was assigned to applicant. Countrymade pistol used in this crime was recovered at the pointing out/possession of applicant. Trial is going on. Offence is grievous in nature. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Sonu Kumar Patel@ Sonu Patel involved in Case Crime No. 138 of 2018, under Sections 302, 506 IPC, P.S. Nawabganj, District Allahabad is hereby rejected at this stage.
It is expected from the court concerned to decide the trial expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 25.7.2019 A. Singh