Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3518

of 2022

Applicant :- Rishipal

Opposite Party :- State of U.P.

Counsel for Applicant :- Abhishek Mayank

Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Supplementary affidavit, filed by the learned counsel for the

applicant, is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for

the State.

The present bail application has been filed by the applicant in

case crime No. 110 of 2019, under Sections 302, 504 and 506

IPC, P.S. Dado, District Aligarh, with the prayer to enlarge him

on bail.

It has been argued by the learned counsel for the applicant that

applicant is innocent and he has been falsely implicated in this

case. The first information report in this case was lodged by

brother of deceased with consultation and applicant was falsely

nominated in the first information report. Perusal of G.D. Entry

no.13 shows that police have received information about the

incident on 22.04.2019 at 9:47 AM, wherein the time of death

of deceased is stated at 9:40 and thus, the version of first

information report is doubtful. The name of the applicant was

not disclosed at the time of inquest report. It was submitted that

as per version of first information report, applicant has fired at

deceased with country made pistol, whereas the postmortem

report shows that deceased has not sustained any firearm injury.

Referring to statements of eye-witness, it has been submitted

that there is no credible evidence against the applicant. The first

bail application of applicant was rejected by this Court vide

order dated 04.12.2019 and thereafter statement of PW-1

Mahaveer Singh and PW-2 Pradeep Kumar have been recorded.

Learned counsel has referred the statement of PW-1 and PW-2

and submitted that there is no credible evidence against the

applicant. Lastly, it was submitted that the applicant is

languishing in jail since 24.04.2019 and in case the applicant is

released on bail, he will not misuse the liberty of bail and

cooperate in the trial.

Learned A.G.A. has opposed the prayer for bail and submitted

that first bail application of applicant was rejected by this Court

on merits and that no new ground for entertaining this second

bail application is shown.

Perusal of record shows that first bail application of applicant

was rejected by this Court vide order dated 04.12.2019, passed

in Criminal Misc. Bail Application No. 52126 of 2019. No new

substantial ground could be shown. Considering the

submissions of learned counsel for the parties and all attending

facts and circumstances of the matter, no case for bail is made

out. Hence, the second bail application of applicant Rishipal is

hereby rejected.

Order Date :- 22.4.2022

A. Tripathi

Digitally signed by AKHILESH

TRIPATHI

Date: 2022.04.30 16:08:40 IST

Reason:

Location: High Court of Judicature at

Allahabad