Ajay Pandey vs State Of U.P.
2019 Latest Caselaw 4330 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19564 of 2019
 

 
Applicant :- Ajay Pandey
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Krishna Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

This bail application has been moved on behalf of the applicant Ajay Pandey who is involved in Case Crime No. 110 of 2018, under section 302 IPC and 30/27 Arms Act, P.S. Bara, District Prayagraj.

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

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The alleged gun was not of applicant's licensee gun. The gun was of co-accused Manish Shukla. In the statement of Har Govind Mishra it has come that at the time of Jaimal ceremony the persons were making fire in air. Manish Shukla was loading his DBBL gun and at the time of loading the gun the fire hit the deceased Sarvesh Tiwari due to which he fell down. He has stated that applicant had not fired. There was no motive to the applicant to commit the murder of the deceased. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has not committed the alleged offence. The applicant has no criminal history and is in jail since 12.1.2019.

Per contra; learned A.G.A. has opposed the prayer for bail and argued that applicant is named in the FIR. In FIR it has been mentioned that the applicant told to the deceased to do some work. When the deceased refused to the work of applicant due to which the applicant fired upon the deceased with licensee DBBL gun. The gun was of co-accused Manish Shukla. There are eye witnesses of the alleged incident. The applicant is main accused who had fired upon the deceased. In postmortem report the cause of death of the deceased has been shown hemorrhagic shock due to ante mortem fire arm injury. The applicant has committed the alleged offence, therefore, he is not entitled for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.

Consequently, the prayer for bail of the applicant is refused and the bail application of the applicant Ajay Pandey is hereby rejected.

Order Date :- 9.5.2019

Masarrat