Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13989 of 2018 Applicant :- Amit Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
By way of the instant application, the applicant seeks bail in Case Crime No.958 of 2017, under Section - 302 I.P.C., Police Station - Baradari, District - Bareilly.
Urge made on behalf of the applicant is that the offence insofar as the allegations are concerned, in the post mortem examination report, no point of strangulation stands proved in view of fact that no vestige or sign of strangulation were found on the body of the deceased because the salient features of strangulation are missing. Hyoid bone was found intact and it was not broken, whereas generally this bone is found to be broken in such cases. Therefore, the possibility of strangulation stands overruled and it appears to be a case of suicide. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 28.09.2017.
Learned A.G.A. has engaged attention of this Court to the statement of the daughter of the applicant herself, wherein, she has narrated the entire reality of the case as to how and what happened prior to the occurrence. This was none but the applicant alone has committed the crime. How can it be said that the daughter of the applicant is making such disastrous statement against the applicant.
Considered the rival submissions, perused the material brought on record and the enormity of the offence. No good ground is made out for bail.
Consequently, the instant bail application is rejected.
It is made clear that observation made in this order shall have no bearing on the merits of the case.
It is expected that the trial court shall expedite the proceeding as early as possible keeping in mind the roster of the court, as well.
Order Date :- 28.10.2021 S Rawat