Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32980 of 2021 Applicant :- Ankit Kumar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Kumar Singh Chandel Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by accused-applicant, Ankit Kumar Singh, in Case Crime No. 107 of 2021, under Sections 302, 201, 34 IPC, Police Station Maduwadeeh, District Varanasi.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 13.04.2021; he is of no criminal antecedent, whereas after this false implication, a case under the Gangster Act, has been lodged against him; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; first information report was against Heena and Rahul and accusation against the applicant is of confessional statement of Heena and Rahul co-accused; other incriminating evidence is call detail record, wherein, there is talk in between the present applicant, Heena and Rahul; this is not being disputed because applicant is under close friendship of them and use to talk with them; this may not be a reason for offence; dispute with regard to property was there and informant, who use to reside at Bihar, has falsely implicated accused persons. Hence, bail has been prayed for.
Learned AGA has vehemently opposed with this contention that occurrence was of 23.3.2021 and instant report was got lodged in that very night at 2.25 AM on 23/24.3.2021 by informant Vijay Ram against Heena and Rahul i.e. adopted daughter and adopted son-in-law; dead body was recovered; inquest proceeding was got conducted; autopsy examination was made and it was held to be a murder because death was owing to ante mortem strangulation, wherein, there were injuries over the neck of deceased and it was admitted fact that deceased was residing at Shivdaspur within area of police station Maruwadeeh along with her adopted daughter Heena and son- in-law Rahul; meaning thereby, ingredients of Section 106 of Evidence Act upon Heena and Rahul are there and were expected to be explained about the facts with regard to the circumstances of death/ murder of deceased with whom they were residing and both of them, in their statements, have categorically said about the murder committed by them, under assistance and conspiracy with Ankit Kumar Singh and one other Vikki Jaiswal; this confessional statement is explained under Section 106 of Evidence Act and same is further corroborated by call detail record, wherein, close proximity of time, there is conversation in between and other links of presence of applicant at the place of occurrence is there and hence there is every likelihood of fleeing from course of justice or tempering with evidence in released on bail.
Having heard learned counsel for both sides and gone through materials on record, as well as ingredients narrated as above along with severity of offence, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, but without commenting on merits of the case, there appears to be no ground for bail.
Accordingly, this Bail Application stands rejected.
Order Date :- 27.10.2021 Dhirendra/