Anil Mishra v. State of U.P.

Court No. - 45

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 845 of 2019

Applicant :- Anil Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Pulak Ganguly,Vikash Kumar Tiwari Counsel for Opposite Party :- G.A.,Shashi Ranjan Srivastava

Hon'ble Mrs. Manju Rani Chauhan,J.

Bail orders of co-accused, filed today, are kept on record.

Heard Sri Pulak Ganguly, learned counsel for the applicant, Sri Shashi Ranjan Srivastava, learned counsel for the informant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.

The present bail application has been filed by the applicant – Anil Mishra with a prayer to enlarge him on bail in Case Crime No.739 of 2017, under Sections 147, 148, 149, 302, 307, 504 I.P.C. and 25/30 of Arms Act, Police Station Kotwali, District Deoria.

It is argued by learned counsel for the applicant that the F.I.R. of the alleged incident was lodged by Yogendra Kushwaha against 9 named persons including the applicant and 5 unknown persons. In the F.I.R. the role of firing has been assigned to coaccused Hari Shanker Pandey, Guddu Pandey alias Chhote Lal, Ram Pyare, Ajit @ Golden, Amit son of Hari Shankar. Due to firing made by the above accused persons, Indrajit, Satya Prakash, Ram Pravesh and Vijai have sustained gun shot injury, out of which 3 persons namely Indrajit, Ram Pravesh and Satya Prakash have lost their lives and Sandeep, Sanjay and Ramesh received blunt object injuries in this incident. It has been further submitted that the witnesses in their statements recorded under section 161 Cr.P.C. have levelled general allegation against the applicant and other co -accused persons. No specific role has been assigned to the applicant. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. There is a cross version of the alleged incident. From the side of the applicant, 3 persons namely, Chhote Lal, Hari Shanker Pandey and Shamsher have sustained injuries. It has been further submitted that from the side of the applicant the F.I.R. was lodged on the basis of an application under section 156(3) Cr.P.C. It has been further submitted that in this case, the co-accused Ram Pyare has been enlarged on bail on the basis of illness and the co-accused Surendra Yadav and Munna Yadav @ Jitendra Yadav, having identical role, have been released on bail by a co-ordinate bench of this Court vide