Allahabad High Court
Shekhar Bhardwaj vs State Of U.P. on 26 February, 2020
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8713 of 2020 Applicant :- Shekhar Bhardwaj Opposite Party :- State of U.P. Counsel for Applicant :- Shivendra Raj Singhal Counsel for Opposite Party :- G.A.,Rajiv Tiwari Hon'ble Suneet Kumar,J.
Shri Rajiv Tiwari, learned counsel has filed vakalatnama on behalf of the informant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned Additional Government Advocate and perused the record.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 589 of 2019, under Sections 396, 412 & 307 IPC, P.S. Civil Line, District Aligarh.
As per prosecution case, on two motorcycle, assailants came to the premises of the deceased; one of the accused, namely, Sohail caused firearm injury and looted the licensed revolver; Sohail was apprehended on the spot by two persons Anuj Gaur (informant) and Mohd. Kannu; in the statements they have disclosed the names of assailants including name of the applicant though applicant was not named in the F.I.R.; statement of the witnesses has been taken on the following day of the incident; in police encounter, motorcycles and looted licensy revolver were recovered; one of the motorcycle belongs to the father of the applicant; circumstantial evidences links the applicant with the commission of offence, which is corroborated by the statement of the independent witnesses and recovery of the vehicle.
Learned Additional Government Advocate opposed the prayer for bail and submits that it will not be in public interest in case applicant is released on bail.
Considering the facts and circumstances of the case, I am not inclined to allow the bail application at this stage.
The bail application is, accordingly, rejected.
Order Date :- 26.2.2020 Mukesh Kr.