High Court bench dismissed an anticipatory bail application for the main accused in a murder case against whom a weapon was recovered at his pointing out.
The prayer for release on bail is declined and the bail application is rejected.
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Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5941 of 2023
Applicant :- Chitranjan Kumar Sharma @ Chetan Opposite Party :- State of U.P. Counsel for Applicant :- Randhir Jain,Sudheer Kumar Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Saroj Yadav,J.
This is the first bail application filed on behalf of the accused/applicant involved in Case Crime No.160 of 2022, under Section 302 of I.P.C. Police Station Jawan, District Aligarh.
Heard Mr. Komal Mehrotra, learned Advocate holding brief of Mr. Sudheer Kumar Jaiswal, learned counsel for the accused/applicant and Mr. Mithilesh Kumar, learned A.G.A. for the State-respondent and perused the material available on record.
Learned counsel for the accused/applicant submitted that accused/applicant is not named in the FIR. For the first time his name came into light on the basis of statement of alleged eye witnesses namely Ravince Thakur and Vikas Sharma. There was no occasion to recognize the accused/applicant by Ravince Thakur as there was no source of light in the village at that time. He further submitted that co-accused Narendra Sharma who has been assigned similar role has already been enlarged on bail by a coordinate Bench of this Court. The accused/applicant is in jail since 16.06.2022. The accused applicant has no criminal history, as stated in paragraph No.28 of the affidavit filed in support of the bail application. Hence the accused/applicant may be enlarged on bail.
Learned A.G.A. vehemently opposed the bail application and submitted that parity cannot be granted to the accused/applicant because accused/applicant is the main accused and weapon of offence has been recovered at the pointing out of the accused/applicant when he was taken on police custody remand. Hence the accused/applicant should not be released on bail.
Considered the rival submissions and perused the material available on record.
It transpires from the record that accused/applicant cannot claim
parity because accused/applicant is the main accused and weapon of offence has been recovered at his pointing out and two witnesses Ravince Thakur and Vikas Sharma has named this accused.
Considering all the facts and circumstances of the case, it does not appear just to enlarge the accused/ applicant on bail.
The prayer for release on bail of applicant Chitranjan Kumar Sharma @ Chetan is declined and the bail application is rejected.
(Mrs. Saroj Yadav, J.)
Order Date :- 7.2.2023 A. K. Singh
Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad
Chitranjan Kumar Sharma @ Chetan
State of U.P.
Mrs. Saroj Yadav, J.
As recorded by the court registry
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