Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1484 of 2018 Applicant :- Sonu Yadav Alias Sunil Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Jain,Shri V.M. Zaidi Counsel for Opposite Party :- G.A.,R K Rathore
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri V.M. Zaidi, learned Senior Advocate assisted by Sri Sanjay Kumar Jain, learned counsel for the applicant, learned A.G.A., and perused the record.
This bail application has been moved by the applicant Sonu Yadav @ Sunil who is involved in Case Crime No. 590 of 2017, under Sections 302, 34 I.P.C., Police Station-Kotwali Mainpuri, District- Mainpuri.
As per prosecution version, on 23.5.2017 at about 10:30 PM applicant (Sonu Yadav Alias Sunil) with co-accused Vikas Rathore @ Bachcha, Neetu Yadav and one unknown person took Sri Vishwajit brother of informant. In the next morning, dead body of Vishwajit was recovered by the police. On the next day i.e. on 24.5.2017 at 6:15 AM FIR has been lodged. Deceased has sustained fire arm injury, due to which he died.
Learned Senior Counsel appearing for the applicant contends that he has been falsely implicated in this case due to enmity. This is a case of circumstantial evidence. There is no any eye witness of the occurrence.
Learned A.G.A., has opposed the prayer for bail and contends that FIR has been lodged just after receiving of the dead body. Applicant is named in the FIR. On 7.6.2017 on the pointing of applicant, the revolver used in the offence has been recovered.
FIR has been lodged promptly. It has come in the FIR that witnesses Sonu Diwakar and Sonu Badhauria have seen the applicant as well as other co-accused taking away the deceased.
Considering the facts and circumstances of the case, I do not find it a fit case for enlarging the applicant on bail.
Application stands dismissed.
Order Date :- 26.2.2018 Jaswant