Giriraj v. State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3429 of 2020

Applicant :- Giriraj Opposite Party :- State of U.P. Counsel for Applicant :- Satya Prakash,Neelam Pandey Counsel for Opposite Party :- G.A.

Hon'ble Harsh Kumar,J.

Heard Smt. Neelam Pandey, learned counsel for applicant, learned A.G.A and perused the record.

Learned counsel for applicant contends that applicant has been falsely implicated by first informant for murder of his brother Jaipal; that applicant, deceased-Jaipal and first informant Harveer were real brothers apart from two real brothers of them; that no motive has been assigned to applicant for causing murder of his brother; that entire prosecution story is absolute false and incorrect and Dev Prakash and Babu have been falsely planted eye witnesses of incident; that death of Jaipal appears to have been committed by unknown persons in darkness of night and since the assailants could not be identified the applicant has been falsely implicated by first informant due to enmity as applicant was witness against first informant in a case under Section 498-A and 304-B I.P.C., wherein he was convicted and sentenced with seven years rigorous imprisonment; that applicant is an old person of around 80 years and sick also; that applicant neither participated in the incident in question nor made any fire on Jaipal; that case of applicant is distinguishable from young co-accused persons who may be considered to be author of gun shot injuries of deceased; that applicant may not be considered to be author of gun shot injuries of deceased; that nothing incriminating has been recovered from applicant; that applicant has no previous criminal history except he has been falsely implicated in one case under Sections 147, 148 and 325 I.P.C., wherein he has been released on bail as mention in para 32 of affidavit given in support of bail application; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 31.08.2019.