Munish v. State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39266 of 2020

Applicant :- Munish Opposite Party :- State of U.P. Counsel for Applicant :- Mohan Lal,Maohammd Nadeem Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

The present bail application has been filed by applicant in Case Crime No. 158 of 2020, under Sections 302 and 506 I.P.C. P.S. Rajpura, District - Sambhal with prayer to enlarge the applicant on bail.

The First Information Report of this incident was lodged by the complainant against four named accused persons - Dhirendra, Pramod, Manohar and Munish (applicant) and it was alleged in the First Information Report that the accused Dhirendra and Pramod had fired two gun shots at the father of the complainant. The matter was investigated and accused were sent to jail.

It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is argued that general role of assault upon the deceased has been assigned to present accused applicant. It is also argued that in the First Information Report it has been alleged that two gun shot injuries were caused to the deceased, one was caused by co-accused Dhirendra and next one, by coaccused Pramod but in the post-mortem report only one exit wound of fire-arm injury was found on the person of the deceased and the first informant who is alleged to have witnessed the incident, has assigned the role of firing to coaccused Dhirendra and Pramod and co-accused Manohar who was assigned similar role as is assigned to the present accused Munish, has been granted bail by another bench of this Court, vide order dated 20.11.2020, passed in Criminal Misc. Bail Application No. 39395 of 2020, a copy of his bail order submitted by learned counsel during hearing is taken on record of this bail application. It has been submitted that applicant is languishing in jail since 29.06.2020, having no criminal history and that in case he is granted bail, he shall not misuse the liberty of the same.