Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17426 of 2019 Applicant :- Sri Krishna Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
This bail application has been moved on behalf of the applicant Sri Krishna who is involved in Case Crime No. 148 of 2018, under section 302, 307, 504 I.P.C. Police Station Sikandarapur Vaishya, District Kasganj.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident was lodged after 18 hours of the alleged incident. The inquest of the deceased was conducted on the information of a Ward boy Rajpal. Till the inquest no first information report was lodged against the applicant. Thereafter, informant Budhpal lodged this F.I.R. against the applicant and the co-accused Anil and Jagveer. In the first information report it has been mentioned that the applicant has caused injury to the deceased with fire arm. In the post mortem report one fire arm wound of entry with its exit wound has been found to the deceased. One lacerated wound has also been found to him. In fact, no one had seen the alleged incident. The applicant has not committed the alleged offence. False recovery of Poniya ( fire arm) has been planted against the applicant. There is no criminal history of the applicant and is in jail since 26.8.2018.
Per contra Learned A.G.A. opposed the prayer for bail and argued that the applicant is main accused who had fired upon the deceased due to which the deceased sustained gun shot injury and died. The recovery of Poniya ( fire arm) used in commission of the crime has been shown on the pointing out of the applicant. There are eye witnesses of the alleged occurrence. The applicant has committed murder of the deceased, therefore, he is not entitled for bail.
Without expressing any opinion on the merit of the case and considering the submissions advanced by learned counsel for the parties, I do not find any good ground to release the applicant on bail. Accordingly, the bail application of the applicant is hereby rejected.
Order Date :- 26.4.2019 Gss