Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40140 of 2019 Applicant :- Amar Babu Opposite Party :- State Of U.P.
Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Ms. Ladlee Pandey, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 13.7.2019, Smt. Sukhdevi was found dead in her house. During investigation, names of Vikram @ Bantu, Antram and Amar Babu were surfaced and it was found that there was illicit relation between daughter of deceased and applicant due to which they killed her and looted some money and ornaments. According to postmortem report, cause of death was found asphyxia as a result of antemortem strangulation and hyoid bone was found fractured. Main role of assault was assigned to applicant and role of other accused is catching hold only. Rs. 90,730/-, one mobile, one payal were recovered at the pointing out of applicant; Rs. 35070, one aadhar card were recovered at the pointing out of accused Vikram @ Bantu and Rs. 36,200, one mobile were recovered at the pointing out of accused Antram.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present. Applicant was not named in F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation on the basis of suspicion. There is no independent witness and no legal evidence against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 22.12.2018 (near about eight months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant killed the deceased and looted her money and ornaments. Rs. 90,730/-, one mobile, one payal were recovered at the pointing out of applicant. Motive is also against the applicant. There is no chance of false implication. Trial is going on. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Amar Babu involved in Case Crime No. 297 of 2019, under Sections 302, 394 411 IPC, P.S. Ramgarh, District Firozabad is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 27.9.2019/A. Singh