ROHTASH ALIAS KALA Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been moved on behalf of Rohtash alias Kala, the accused applicant aforesaid for seeking bail in case Crime No. 623 of 2008, under S.147, S.148,149, 307, 302, 120 - B IPC, P. S. Baghpat , District Baghpat.

(2.) AS per prosecution case and submissions of Ld. AGA, the accused applicant committed murder of Charan Singh and Guljari in the night of 26/08/2008 / 27/08/2008 at about 1 O' clock, thereby firing on them along with other co - accused persons witnessed by the complainant and other witnesses named Som Pal and Santosh Pal in the light of electricity. The deceased Charan Singh was the witness of an earlier occurrence alleged to have been occurred in the day time on the very same day i.e. on 26/08/2008 at 6.30 a.m. in which co - accused of this case named Manoj, Neeraj, Upendra, Satyapal @ Sonu and 3 other persons unknown had attempted to commit murder of Sachin, Ankur and Santosh thereby firing on them and inflicting injuries on the person of Sachin. The accused / applicant is hardened criminal having criminal history of 11 cases as is mentioned in the counter - affidavit on behalf of State.

(3.) IN the light of contentions of both the parties, after perusing the record, I am of this view that no one should be refused bail merely on the ground of his criminal history, if he is found to be enlarged on bail otherwise in the case. In this case since Surendra @ Sunder the brother of the accused is found falsely implicated being in jail at the time of occurrence alleged and since the applicant remained not even involved in the earlier concurrence alleged to have been occurred in the morning in which the deceased of this case is said to have been the witness, therefore I find it a fit case in which accused applicant should be enlarged on bail. Therefore this bail application is hereby allowed.