Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 2486 (ALL)

Shahid @ Pichcha v. State of U. P.

2016-07-18

BACHCHOO LAL

body2016
JUDGMENT Bachchoo Lal,J. Sri Sharique Ahmed, Advocate, has filed vakalatnama on behalf of complainant be taken on record. 2. This bail application has been moved on behalf of the applicant Shahid @ Pichcha who is involved in Case Crime No.130 of 2015, under section 302, 504, 34 I.P.C. Police Station Chamanganj, District Kanpur Nagar. 3. Heard learned counsel for the applicant, learned counsel for complainant, learned A.G.A. for the State and perused the record. 4. It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The first information report of the alleged incident has been lodged against three named persons and one unknown. In the first information report the role of causing injury to deceased with fire arm has been assigned to applicant. In fact, applicant had not committed the alleged offence. The deceased sustained gun shot injury by some unknown person. The criminal history of applicant has been explained in paragraph no. 26 of the affidavit filed in support of bail application. The applicant is in jail since 22.12.2015. 5. Per contra learned A.G.A. and learned counsel for the complainant opposed the prayer for bail and argued that the applicant is main accused. In first information report as well as in the statements of witnesses it has come that applicant had caused injury to deceased with fire arm due to which deceased died. The applicant is named in the first information report. In post mortem report one fire arm wound of entry with its exit wound has been found to deceased. The applicant had committed murder of deceased, therefore, he is not entitled for bail. 6. Without expressing any opinion on the merit of the case and considering the submissions advanced by learned counsel for the parties, I do not find any good ground to release the applicant on bail. Accordingly, the bail application is hereby rejected.