Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30667 of 2021 Applicant :- Ajay Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 186 of 2018, under Section 302 IPC, P.S. Achhalda, District Auraiya, with the prayer to enlarge him on bail.
According to the prosecution version, the applicant was having illicit relations with the wife of his brother, namely, Dharmendra Kumar (deceased), which was objected by said Dharmendra Kumar and due to that reason on the night of 20/21.06.2018 applicant along with some unknown persons and wife of deceased Dharmendra, committed murder of deceased. The first information report was lodged by uncle of deceased against applicant, Sita Devi, who is wife of deceased and two unknown persons.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It has been submitted that in fact the father of applicant has lodged a case against first informant of this case under Section 324, and 307 IPC in the year 2007 and that the informant has named the applicant falsely in this case due to that enmity. The version of first informant that applicant was seen at the spot is false and baseless. Similarly, the alleged recovery of Banka is also false and that there is no independent witness of alleged recovery. Learned counsel has also submitted that statement of mother of applicant has already been recorded before the trial Court and she has not supported any such version that applicant was having illicit relations with co- accused Sita Devi, who is wife of deceased. Lastly, it was submitted that the applicant is languishing in jail since 29.06.2018, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that there is evidence that applicant was having illicit relations with the wife of his brother/deceased and that he has committed murder due to that reason. It has been submitted that there is eye-witness account of the incident and that recovery of Banka, which was used in the incident has also been recovered at the instance of applicant and that trial of the case is in progress.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Ajay Kumar is hereby rejected.
However, keeping in view period of incarceration of applicant and also considering the fact that material witnesses have already been examined, trial court is directed to expedite the trial and to conclude the same preferably within a period of one year from the date of filing of certified copy of this order, if there is no other legal impediment.
Order Date :- 19.8.2021 A. Tripathi