Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39815 of 2019 Applicant :- Subhrati Opposite Party :- State Of U.P. Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 24.7.2018 (after two days of incident) against six accused persons, namely Subrati, Shahrukh, Mainu, Sanjay, Rafiq and Akil Khan alleging that on 22.7.2018 at 9.30 p.m. night they assaulted Veeru, he received one lacerated wound on head, resultantly died. During investigation, it was found that there was illicit relation between deceased and wife of Subrati due to which they killed him. Specific role of assault was assigned to co-accused Subhrati.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Co-accused namely Sanjay Khan has been granted bail by this Court vide order dated 28.3.2019 in Criminal Misc. Bail Application No. 12530 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Incident took place at night, nobody has seen the incident. There is no independent witness and no legal evidence except the confessional statement of applicant before the police personnels. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 18.1.2019 (more than eight 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 motive and main role of assault was assigned to applicant. The role of applicant is distinguishable from co-accused Sanjay Khan who has been granted bail by this Court. He killed the deceased. There is no chance of false implication. Trial is going on. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, 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 Subhrati involved in Case Crime No. 812 of 2018, under Sections 147, 149, 323, 302, 504 IPC, P.S. Jagdishpura, District Agra is hereby rejected at this stage.
It is directed to the court concerned to decide the case 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 :- 26.9.2019 A. Singh