KULDEEP Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ravi Prakash Srivastava, learned counsel for the applicant, Sri Amit Singh Chauhan, learned AGA for the State and perused the material on record.

(2.) The instant bail application has been filed on behalf of the applicant, Kuldeep with a prayer to release him on bail in Case Crime No. 223 of 2020, under Ss. 147, 148, 149, 323, 504, 506, 342, 307, 188 IPC, Police Station- Baagwala, District-Etah, during pendency of trial.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. He further submits that for the incident dtd. 30/8/2020, the F.I.R. has been lodged from both sides in which both sides have received injuries. The injury sustained by the injured Savtri Devi is on the upper part of the shoulder. He further submits that in the FIR as well as in the statement of injured, specific role of causing fire arm injury to Savtri Devi has been assigned to co-accused Hari Singh @ Jitendra Singh. He further submits that it is a cross case and who, out of the two rival groups, is the aggressor, cannot be determined at this stage. The co-accused Mahavir Singh has already been granted bail vide order dtd. 9/9/2021 passed in Cri. Misc. Bail Application No.31840 of 2021, copy of which order has been appended as Annexure no.3 to the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. The applicant has criminal history of one case in which he has been granted bail by the court below. The applicant is languishing in jail since 7/8/2021. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.