In a criminal bail application, the Court rejected the bail plea of Gajendra accused in a case involving death by firing, holding that he is not entitled to bail due to the gravity of the offence and his alleged main role in the incident.
Bail application of the applicant is hereby rejected.
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Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16707 of 2019 Applicant :- Gajendra Opposite Party :- State Of U.P. Counsel for Applicant :- Pawan Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Sandeep Kumar Rai, Advocate on behalf of complainant is taken on record.
Heard Sri S.C. Tripathi, learned counsel for the applicant, learned counsel for the complainant as well as Sri C.P. Singh, learned AGA for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged against two accused persons namely, Gajendra and Lokesh alleging that on 27.12.2018 they shot fire at Harendra, he received one gun shot injury on umbilicus, resultantly died. During investigation, it was found that at the time of 'namakaran sanskar' accused and deceased were present there. Harendra shot one opened fire, thereafter Gajendra snatched pistol from Harendra and on the direction of accused Lokesh; Gajendra shot fire at Harendra.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present. Deceased admitted in the hospital by applicant. At the time namakaran sanskar, harsh firing was done. There is no independent witness and no legal evidence against the applicant. There was intention of knowledge to kill the deceased. 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 7.1.2019 (more than three and half months) having no criminal history.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and submitted that main role of firing was assigned to applicant. Trial is going on. Applicant killed the deceased. Hence he, is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Gajendra involved in Case Crime No. 1560 of 2018, under Sections 304, 34 IPC, P.S. Noida Sector 49, District Gautam Budh Nagar is hereby rejected .
Order Date :- 23.4.2019 A. Singh
1 issue framed by the court
Whether the applicant is entitled to bail in the charge of causing death by firearms under Sections 304, 34 IPC.
Gajendra
State Of U.P.
Aniruddha Singh
As recorded by the court registry
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