Pramod vs State Of U.P.
2019 Latest Caselaw 5898 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 76
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4647 of 2019
 
Applicant :- Pramod
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Kuldeep Singh Chahar,Apul Misra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Aniruddha Singh,J.

Heard Sri Apul Misra, learned counsel for the applicant as well as Sri Hari Pratap Gupta, learned AGA for the State and perused the record.

According to prosecution case, FIR was lodged against three persons namely, Virendra Singh, Pramod and Gola Baghel alleging that on 14.1.2016 they were trying to snatch the purse containing ornaments from Sanjay Verma(brother of complainant) when he resisted, they opened fire at him. he died sustaining injuries. Virendra Singh and Pramod were arrested on spot and Gola Baghel managed to flee from the spot. One countrymade pistol was recovered from Pramod.

It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 14.1.2016(more than three years and three months). Two cases have been lodged against him later on. He has been falsely implicated. Recovery of countrymade pistol and cartridges were shown falsely recovered from the possession of the applicant. There is no independent witness. There is no possibility to get this case decided in near future due to heavy work load in trial Court. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. He further submitted that no witness has been produced.

Learned AGA opposed and submitted that specific role of firing was assigned to the applicant. He was arrested on spot at the time of loot with one countrymade pistol. In the bail order dated 7.3.2019 passed in Criminal Misc. Bail Application No. 18073 of 2018 granted in favour of Virendra Singh, case of Pramod was distinguished.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application of applicant Pramod involved in Case Crime No.49 of 2016, under Section 302, 393, 120-B IPC, Police Station Shahganj, District Agra is hereby rejected.

Court concerned is directed to decide the case according to Section 309 Cr.P.C. if there is no legal impediment.

Let copy of this order be sent to the Court concerned within four days for compliance.

Order Date :- 9.7.2019/P.P.