Raheesh v. State of U.P.

Court No. - 49

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14471 of 2022

Applicant :- Raheesh Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari,Bal Mukund Singh Counsel for Opposite Party :- G.A.

Hon'ble Siddhartha Varma,J.

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

This is an application for bail moved on behalf of the applicant, Raheesh, who is involved in Case Crime No. 494 of 2021, under Sections 394, 302/34 of I.P.C., Police Station- Hapur Dehat, District- Hapur.

Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that when the incident had occurred then the FIR was lodged under Sections 379 and 307 of IPC and there was no one named in the FIR. It is further contended that only on the basis of statement of the mukhbir khas, Sri Chand @ Chand Mohd., Pyare @ Anas and Kaley @ Amir co-accused were involved in the crime and were assigned the role of stealing of the goats and it was also stated that they had WagonR and that these three persons were involved in the stealing. Further it has been stated that when the name of the applicant was taken by Payre @ Anas by stating that the goat which was stolen from the deceased was infact sold at the shop of Raheesh then the name of the applicant surfaced. It is further contended that the applicant could not in any manner be involved in the incident of actually killing the deceased. It is further submitted that the charge-sheet has been submitted by the Police and, therefore, no further evidence is required to be collected by the