Court No. - 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9033

of 2022

Applicant :- Harendra

Opposite Party :- State of U.P.

Counsel for Applicant :- Santosh Kumar Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Heard Sri R.B. Mishra, learned counsel for the applicant and Sri

Manoj Kumar Dwivedi, learned A.G.A. for the State and

perused the material on record.

The present bail application has been filed on behalf of

applicant Harendra under Section 439 of the Code of Criminal

Procedure, with a prayer to release him on bail in Case Crime

No. 416 of 2021 for offence punishable under Sections 302,

120-B of the Indian Penal Code, registered at Police Station-

Khekada, District- Baghpat during pendency of the trial, after

rejecting the bail application of the applicant by Sessions Judge,

Baghpat vide order dated 31.01.2022.

Brief facts of the present case are that the first information

report dated 28.09.2021 time 07:37 hours has been lodged by

nephew of deceased Mahipal Singh against Brijesh and Sanjay,

stating therein that on 28.09.2021 at 05:45 A.M. when his uncle

Mahipal @ Nepal Singh had gone for a walk, as soon as he

reached near the tube-well of Sagadi, Brijesh and Sanjay shot

fire his uncle in the head with the intention of killing him. Due

to which his uncle fell in a pool of blood on the spot. He took to

his uncle to Delhi for treatment in injured condition.

After lodging the first information report, the injured Mahipal

Singh @ Nepal Singh declared dead by the doctor in the

hospital during the treatment. The inquest proceedings of the

deceased was conducted on 28.09.2021 at 12:00 P.M. at Guru

Tej Bahadur Hospital, New Delhi, postmortem of the deceased

was conducted on 28.09.201 at Guru Tej Bahadur Hospital,

New Delhi. After recording the statement of the first informant,

Sandeep Manish, Kaptan, Anil Pawar, Krishna Pal Singh,

Onkar Singh and other prosecution witnesses under Section 161

of Cr.P.C., charge sheet has been submitted against the

applicant, Jaiveer, Monty @ Aayush and Kala @ Amit on

15.02.2022. The Investigating Officer has exonerated the

named co-accused Brijesh and Sanjay. The applicant was

arrested on 09.12.2021.

Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the present case due

to ulterior motive. The applicant is not named in the first

information report and the first information report has been

lodged against Brijesh and Sanjay, who have been exonerated

by the Investigating Officer during the course of investigation.

It is further argued that the matter rests on the circumstantial

evidence. As per prosecution case, the role of criminal

conspiracy has been assigned to the present applicant. There is

no shred of evidence against the applicant with regard to

complicity of the present crime. It is further submitted that he

has been implicated in the present case on the basis of extra

judicial confessional statement of the applicant. It is next

contended that no incriminating article has been recovered from

the possession or pointing out of the applicant.

He has next argued that the applicant has no previous criminal

history and if the applicant is released on bail, he shall not

misuse the liberty of bail.

Per contra, learned A.G.A. has supported the order passed by

the Sessions court and vehemently opposed the prayer for grant

of bail to the applicant and submits that the allegations involved

are very serious in nature and the delay in lodging the F.I.R.

cannot be said to be fatal to the case at this juncture while

considering the application of bail. But he could not point out

any material to the contrary. He further submits that in case the

applicant is released on bail, he will again indulge in similar

activities and will misuse the liberty of bail.

After considering the facts of the present case it prima facie

appears tha