Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48101 of 2018 Applicant :- Akash Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar,Ashutosh Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No. 375 of 2017, under Sections 302 IPC, Police Station Mughal Sarai, District Chandauli with the prayer to enlarge him on bail.
I have perused the record.
As per the prosecution case, the complainant has lodged the F.I.R, alleging that her daughter-in-law Smt. Gunja Devi and granddaughter Km. Kajal were residing on the upper floor of the house and they were having illicit relations with some persons. The son of the complaint, Akash Singh (applicant) has tried to make them understand and to improve their conduct but in vain. Due to these reasons, on 23.06.2018 Akash Singh (applicant) committed murder of both the deceased Gunja Devi and Kajal by some sharp edged weapon.
Contention of learned counsel for the applicant is that during investigation witness Lali Kunwar has stated that there was some property dispute among the family members of the deceased; the complainant of the case was also made an accused; the deceased were murdered by some unknown persons and the applicant was falsely implicated in the present case; the name of the witnesses, namely, Rakesh Singh @ Dabbu Singh and Vikash Mishra were not mentioned in the F.I.R. and their statements were recorded with a long delay; both the deceased were ladies of easy virtues and were indulging in illicit relations and flesh trade. It was argued that their murders were committed by some unknown miscreants; the F.I.R. was lodged merely on the basis of suspicion; the recovery shown form the possession of the applicant is manipulated and fabricated; the applicant has no motive to commit the murder of his sister-in-law Gunja Devi and niece Kajal especially when his mother Meena Singh had already executed a will in his favour; there is no eye-witness account of the alleged incident; the allegations made in the F.I.R. are highly unreliable; the applicant has no criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail and that the applicant is languishing in jail since 29.06.2017.
However, learned A.G.A. has opposed the bail application and argued that the incident relates to the murder of two ladies who were mother and daughter; the F.I.R. has been lodged by the mother of the applicant; the applicant is named in the F.I.R. and there is strong motive on the part of the applicant to commit the murder of the deceased persons.
The case pertains to the murders of lady and her young daughter. The applicant is named in the F.I.R, which was lodged by the mother of the applicant. During investigation recovery of knife used in the alleged incident and one dupatta has been shown at the instance of the applicant. Considering the submissions of learned counsel for the parties and perusing the averments as contained in the bail application and also looking into the seriousness of the allegations as made in the FIR, gravity of the offence and severity of the punishment, no case for grant of bail is made out.
Accordingly, the application for bail of applicant Akash Singh is rejected.
Order Date :- 18.12.2018 A. Tripathi