Aakash v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16594 of 2018

Applicant :- Aakash Opposite Party :- State Of U.P. Counsel for Applicant :- Rahul Kumar Tyagi Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State. According to prosecution case, F.I.R. was lodged against three unknown persons, alleging that on 07.10.2016 they looted Rs. 8000/- of Mahendra and shot fire on him; he received gunshot injury, resultantly died; later on accused Idreesh, Shibbu @ Kuldeep, Akash and Naveen Kumar were arrested by the Police; one country made pistol was recovered on the pointing out of co-accused Naveen and he confessed that he shot fire on deceased; from the possession of Akash one knife was recovered and from the possession of co-accused Idreesh and Shibbu country made pistol was recovered.

Learned counsel for the applicant submitted that the applicant the coaccused Naveen has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 02.01.2018 passed in Criminal Misc. Bail Application No. 13109 of 2017, copy of which has been annexed as Annexure-11 of the bail application; the role of the applicant is lesser grievous than the accused enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; the applicant has been falsely implicated in the present case; from the possession of this accused only one knife was recovered, there is no injury of knife on the body of deceased; the main role of firing has been assigned to the co-accused Naveen who has already been enlarged on bail; there is no independent witness/eye-witness account against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 22.10.2016 (more than one year, six and half months) criminal history of ten cases against the applicant have been explained.