Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18175 of 2019 Applicant :- Virendra Mishra @ Golai Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Mishra,Gyanesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Rajesh Kumar Pandey, learned counsel, has filed vakalatnama on behalf of the complainant, let it be taken on record.
This bail application has been moved on behalf of the applicant Virendra Mishra @ Golai who is involved in Case Crime No.20 of 2019, under section 302 I.P.C. and 3/25 Arms Act, Police Station Gopiganj, District Bhadohi (Sant Ravi Das Nagar).
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident has been lodged with delay of more than five hours. There is no satisfactory explanation of delay in lodging the first information report. The applicant has not committed the alleged offence and has been falsely implicated in this case. It has been further submitted that the applicant has contested election of Gram Pradhan in the year 2015 against one Pramod Mishra from Gram Sabha Nonara, Kohadaura, Rampur, Jaunpur due to this old political enmity the applicant has been falsely implicated in this case. It has been further submitted that some unknown persons have made firing at the time of marriage ceremony due to which the deceased sustained gun shot injury. The applicant had not caused any injury to the deceased, false allegation has been made against him. False recovery of country made pistol of 32 bore has been planted against the applicant. There is no criminal history of the applicant and is in jail since 2.2.2019 Per contra Learned A.G.A. and learned counsel for the complainant opposed the prayer for bail and argued that the applicant is named in the first information report. In the first information report, it has been mentioned that the informant along with his brother Dinesh Chandra Mishra (deceased) and son Sanskar Misrha has come to attend the marriage ceremony in village Dhanipur on 27.1.2019. The Orchestra programme was going on in the marriage party. Dinesh Chandra Mishra ( deceased) and others were enjoying with playing cards. The deceased won over the game of playing cards and the deceased began to express his joy loudly. On this, the applicant sitting beside of deceased fired upon the deceased with his revolver due to which he died. The applicant is main accused who has committed murder of the deceased. Recovery of a country made pistol of 32 bore has been shown on the pointing out of the applicant, 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 :- 30.4.2019 Gss