Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17408 of 2019 Applicant :- Virendra Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
This bail application has been moved on behalf of the applicant Virendra Yadav who is involved in Case Crime No. 407 of 2012, under sections 147, 302, 452, 364, 34, 201 IPC, P.S.
Karhal, District Mainpuri.
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 applicant is Mausa of co-accused Manish. The FIR of the alleged incident was lodged against Manish and the Mausa of Manish (applicant) and some unknown. In first information report it has been mentioned that on 9.10.2012 at about 9.00 P.M. the deceased Sukhram, his wife Sushma Devi and his son Abhisek were watching T.V. in his house. The informant Awadh Singh and his son Satish Chand were sitting on the gate. The Manish is son of first wife of deceased Sukhram. The Sukhram has solemnized his second marriage with Sushma Devi due to which the relation in between Manish and Sukhram were strain and the partition of property was also made but Manish was not satisfied. The some altercation took place in between the wife of Manish and his step mother due to which Manish had left his house about five days ago of the alleged incident and on the day of the alleged incident he came with the applicant and other co-accused and fired upon the Sukhram and Smt. Sushma Devi due to which they died and took away Abhisek with them. The dead body of the deceased Abhisek was also recovered on the pointing out of Manish. The informant Awadh Singh in his statement has stated that the applicant and persons who were along with the applicant have fired upon the deceased Sukhram and Manish has fired upon his step mother Smt. Sushma Devi. The informant Awadh Singh has disclosed the name of the applicant and he had seen the involvement of five persons in this incident including the applicant. Satish Chand is a eye witness of the alleged incident. He has also stated that the applicant has fired upon Shukram and co-accused Manish has fired upon Smt. Sushma Devi. According to the postmortem report three gun shot injuries have been found on the body of the deceased Sukhram and two firearm injuries have been found on the body of the deceased Smt. Sushma Devi. It has further been submitted that the applicant is Mausa of co-accused Manish. The applicant has no concern with the alleged incident. He has falsely been implicated in the present case. No incriminating article has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 23.10.2012.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that the applicant is Mausa of co-accused Manish. The informant Awadh Singh and Satish Chand are eye witnesses of the alleged incident. The above witnesses have disclosed the name of the applicant and have clearly stated that the applicant has fired upon the deceased Sukhram. In this incident three persons have died. There are eye witnesses of the alleged incident. The applicant has committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant Virendra Yadav is hereby refused and the bail application is rejected.
Order Date :- 25.4.2019 A.