Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41359 of 2018 Applicant :- Yashveer Alias Bhoora Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Subhash Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
This bail application has been preferred by the accused-applicant, Yashveer @ Bhoora, who is involved in Case Crime No. 442 of 2018, under Section 304 I.P.C. P.S.- Nakhasa, District- Sambhal.
Learned counsel appearing on behalf of the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that during the investigation, Investigating Officer has recorded the statement of independent witnesses Param Singh and Gaurav Kumar, in which it has been clearly stated that at the time of occurrence several persons were opening fire and which fire hit the child it was not seen by anyone. He further submits that there was no intention to cause injury to the innocent child. Learned counsel lastly submits that there is no early prospect of conclusion of trial, as such, the applicant, who is in jail since 07.08.2018, having no criminal history to his credit, deserves to be released on bail.
Per-contra learned AGA has vehemently opposed the prayer for grant of bail to the applicant by submitting that in the present case an innocent child of one year has been killed by the applicant as at the time of ring ceremony the applicant alongwith other co-accused were firing by country made pistol [harsh firing] due to which a family lost its innocent child.
I have heard learned counsel for the applicant, learned AGA and perused the record.
Considering the aforesaid facts and circumstances of the case, the nature of allegations, the gravity of offence, this Court without expressing any opinion on merits, does not find it to be a fit case for bail at this stage. The bail application stands rejected at this stage.
Present bail application is dismissed, accordingly.
Order Date :- 31.10.2018 Shekhar [Chandra Dhari Singh, J.]