Sonu @ Shailendra v. State of U.P.

Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38065 of 2018

Applicant :- Sonu @ Shailendra Opposite Party :- State Of U.P. Counsel for Applicant :- Agni Pal Singh Counsel for Opposite Party :- G.A.

Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant in Case Crime No.62 of 2018, under Sections-147, 323, 504, 506, 452, 302 IPC, Police Station Rajpur District Kanpur Dehat with the prayer to enlarge him on bail.

Learned counsel for the applicant has contended that in this case, general and vague allegations have been made against the applicant to the extent that he shared common intention. Applicant had no motive to commit the offence. It is true that name of the applicant surfaced in the dying declaration of the deceased, but no specific role has been assigned to the applicant. The main role has been assigned to another co-accused-Neeraj and the applicant happens to be the brother of the co-accused-Neeraj. There is no common object working against the applicant.

Per contra, learned A.G.A.-Sri Om Narain Tripathi submitted that in this case, specific statement/dying declaration has been given by the deceased herself prior to her death that she was burnt by all the accused and she has named each and every accused present at the time of the incident. She has specifically stated that at the time of fire being caused, all the accused were present inside the house. Learned A.G.A. has also engaged attention of this Court to the statement of Km. Neha as appearing on Page No.19 of the bail application, wherein, specific role has also been assigned to the present applicant.