Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9264 of 2018 Applicant :- Ajay Rawat And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A.,Mohd. Abrar Khan
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavits filed today on behalf of the State and Informant are taken on record.
Heard Sri Shailendra Kumar Rai, learned counsel for the applicants, Mohd. Abrar Khan, learned counsel for the complainant and Sri L.D. Rajbhar, learned A.G.A., for the State. Perused the record.
This bail application has been moved by the applicants who are involved in Case Crime No. 1236 of 2017, under Section 302 I.P.C., Police Station-Dildar Nagar, District-Ghazipur.
As per prosecution version, on 24.11.2017 at about 3:45 PM, daughter of informant (Anil Kumar) was coming from school, co-accused Ranjit Kumar and applicants caught hold and took her in a semi constructed house. Applicants caught hold her hands and co-accused Ranjit Kumar brutally assaulted her with knife due to which she sustained injuries and died on the spot. It has come in the statement of Manisha Kumari recorded under Section 161 Cr.P.C., that co-accused Ranjit Kumar liked the deceased Smt. Archana Kumari but she did not respond him.
Learned counsel for the applicants contended that applicants have been made accused in this case falsely due to enmity. There was one case pending against applicant (Amit Rawat) in which he has been acquitted. There is no motive for the applicants to commit the murder.
Learned counsel for the complainant/informant and learned A.G.A., have opposed the prayer for bail and contended that if applicants have not co-operated the co- accused Ranjit Kumar, then it was not possible for him to commit murder of Smt. Archana Kumari by inflicting several knife blows.
There were 8 injuries caused by sharped edged weapon to deceased, out of which, three injuries were on hands of the deceased. Role of causing injuries by knife blows is not assigned to the applicants but to co-accused Ranjit Kumar.
Without commenting on the merit of the case and considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail. Let the applicants-Ajay Rawat and Amit Rawat, be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 30.3.2018 Jaswant