This is a bail application filed by Sunil Kumar in a case involving offences under IPC Sections 324, 307, and 504. The applicant pleaded innocence and urged release of co-accused. The bench found the case serious and rejected the bail prayer at this stage.
Bail application of Sunil Kumar rejected. Applicant not released on bail.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20459 of 2022
Applicant :- Sunil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Yadav Counsel for Opposite Party :- G.A.,Rajesh Singh
Hon'ble Deepak Verma,J.
Counter and rejoinder affidavits have been exchanged between the parties.
Heard Sri Ajay Vikram Yadav, learned counsel for the applicant, Sri Rajesh Singh, learned counsel for the informant, Sri Manoj Kumar Dwivedi, learned AGA for the State and perused the material placed on record.
This first bail application has been filed with a prayer to release the applicant on bail in Case Crime No.412 of 2021, registered under Sections 324, 307, 504 I.P.C., Police Station Bewar, District Mainpuri during pendency of the trial.
On 26.11.2021 FIR was lodged regarding the incident occurred on 24.11.2021 alleging therein that three accused persons assaulted and injured the informant-Rajit Kumar, who has received fire arm injury. Role of firing has been assigned to the applicant.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been intentionally dragged in the present case. There is no independent witness to support the prosecution case. He further contended that the co-accused persons have been granted bail, hence, the applicant may also be released on bail. The applicant is languishing in jail since
12.04.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail prayer of the applicant and submit that the applicant has assigned the role of firing on this account the informant, namely, Rajit Kumar has received grievous fire arm injuries on vital part of chest. Medical report of the injured and F.I.R. version are corroborating the facts of the instant case. The applicant is involved in henious crime, therefore, his bail application needs to be rejected.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties and looking to the seriousness and gravity of offence, evidence, complicity of the accused, I do not find it is a fit case for bail to the applicant.
Accordingly, the bail application of the applicant- Sunil Kumar, involved in the aforesaid case crime, is hereby rejected at this stage.
Order Date :- 26.9.2022
Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.09.27 13:05:20 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the bail application of the applicant involved in case under Sections 324, 307, 504 IPC is maintainable.
Whether the applicant deserves bail given the serious nature of the offence and role of firing assigned to him.
1 provisions across 1 enactments
Sunil Kumar
State of U.P.
Deepak Verma
Nitin Verma
As recorded by the court registry
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