Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16155 of 2021 Applicant :- Suresh Opposite Party :- State of U.P.
Counsel for Applicant :- Ravi Kumar Mishra,Vijendra Pal Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 194/2020, under Section 304 IPC, police station Kyoladiya, District Bareilly with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. As per first information report, alleged dispute took place suddenly regarding an amount of Rs. 200/- between deceased and co-accused Ramesh and at that time applicant has not been shown present. It has been submitted that while scuffle between deceased and said Ramesh was going on, applicant has merely tried to intervene in the dispute and that he was falsely implicated due to enmity. It was submitted that applicant has no motive to cause death of deceased and that there is no independent witness of alleged incident and that all the alleged eye witnesses are family members of deceased and that they are highly interested witnesses. It was further submitted that applicant was not involved in the alleged incident and he has been falsely implicated due to enmity. It has also been submitted that co-accused persons, namely, Mangli Prasad, Rakesh and Ramesh have already been enlarged on bail by different Benches of this Court, copies of which have been produced and the same are taken on record. It has further been argued that the applicant is in judicial custody since 16.11.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that deceased has sustained only one stab wound, which has been attributed to the applicant. It was submitted that applicant has caused the injury to deceased by a spear and except one stab wound, deceased has not sustained any other injury. It was also submitted that above-stated co-accused persons, who have already been enlarged on bail, have not caused any injury to the deceased and thus, there is no parity of the applicant with the said co-accused persons. It was further submitted that the spear used in the alleged incident, has also been recovered at the instance of applicant.
Perusal of record shows that applicant is named in the F.I.R. and that deceased has sustained only one stab wound, which has been caused by the applicant with a spear and that the said spear has also been recovered at the instance of the applicant.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Suresh is rejected.
Order Date :- 29.7.2021 Anand