Vinay v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20192 of 2018

Applicant :- Vinay Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Kumar Sharma Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant, Sri Pushkar Srivastava, learned A.G.A for the State and perused the record.

According to prosecution case, F.I.R. was lodged on 5.1.2017 against four accused persons, namely Hetram, Vinay, Karu and Bhura alleging that on 25.12.2016 they killed Bhikam Singh and dead body of deceased was recovered, received one gun shot injury. During investigation, it was found that co-accused Karru shot fire at deceased and one country-made pistol was recovered from his possession.

It is submitted by learned counsel for the applicant that coaccused namely Hetram, Karu and Bhura have already been granted bail by this Court vide order dated 13.11.2017 and 12.10.2017 in Criminal Misc. Bail Application Nos.27645 of 2017 and 39673 of 2017, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Main role of firing was assigned to co-accused Karru. There is general allegation against the applicant. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and eye witness account against the applicant. It is a case of circumstantial evidence, no chain is established to connect the applicant with this crime. He is languishing in jail since 22.3.2018 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.