Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31602 of 2020 Applicant :- Sonu Opposite Party :- State of U.P.
Counsel for Applicant :- Praveen Kumar Singh,Anurag Vajpeyi Counsel for Opposite Party :- G.A.,Ishwar Chandra Tyagi Digitally signed by Justice Umesh Kumar Date: 2021.01.13 12:13:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the informant and perused the material placed on record.
This bail application has been preferred by the accused-applicant-Sonu, who is involved in Case Crime No. 824 of 2018, under Sections- 302, 201, 34 I.P.C., Police Station- Dadri, District- Gautam Budh Nagar.
Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that nothing incriminating has been recovered from or on the pointing out of the applicant; that the recovery of the weapon ( Fawda) has been made on the pointing out of co-accused Ravindra @ Kallu; that as per the statement of witnesses role of assaulting with Lathi and catching hold has been assigned to the applicant. Submission of learned counsel for the applicant is that injury sustained by the deceased were improbable to be caused by the lathi and role of causing fatal injury by the Fawda has been assigned to the co-accused Ravindra @ Kallu therefore role of the applicant is distinguishable. Further submission is that co-accused Annu has been granted bail by co-ordinate Bench of this Court vide order dated 21.10.2019 passed in Crl. Misc. Bail Application No. 43634 of 2019 (Annu Vs. State of U.P.). It is lastly submitted that the applicant is languishing in jail since 12.7.2019 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A as well as learned Private Counsel has vehemently opposed the prayer for grant of bail and submitted that witnesses Udham Singh, Satayveer, Brahma Singh and Jagat Singh have fully supported the prosecution case and have assigned specific role of giving blow by the lathi and Fawda to the accused-applicant; the role of accused-applicant is different to that of co-accused Annu.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is not entitled for bail.
Accordingly, bail application is rejected.
Order Date :- 5.1.2021 S.Verma