Karu v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4475 of 2019

Applicant :- Karu Opposite Party :- State Of U.P. Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Upendra Upadhyay, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.

The instant bail application has been filed on behalf of the applicant, Karu with a prayer to release him on bail in Case Crime No. 265 of 2017, under Sections 307, 504, 506 I.P.C., Police Station- Sikandarpur Vaishya, District- Kasganj , during pendency of trial.

It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., on 18.09.2017 at about 09:00 a.m. in the morning, when the informant's father, namely, Durbeen Singh asked his nephew, Karu not to sell the property and not to consume liquor, he got annoyed and stared using abusive language against him. He also came with country made pistol and fired upon the informant's father, due to which he sustained serious injuries on his chest. It is further argued that as per the injury report, there was entry and exit wound on the left side of lower chest, however, the injury was kept under observation. It is further submitted that though the injuries are there but the applicant has no motive or intention to kill him but the said incident took place, due to sudden anger on his uncle, who asked him not to consume liquor. The incident had happened in a spur of moment and it was not pre-planned. Learned counsel has also pressed the period of detention as the applicant is in jail since 15.07.2018. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.