Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41361 of 2018 Applicant :- Anuj Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Supplementary affidavit filed today on behalf of the applicant is taken on record.
This bail application has been preferred by the accused-applicant Anuj Kumar, who is involved in Case Crime No. 107 of 2018, under Sections 302 and 201 I.P.C., P.S.Gagalhedi, District Saharanpur.
Brief facts of the case are that on 28.04.2018 an F.I.R. was lodged by Vinod Kumar as case crime no.107 of 2018, under Sections 302 and 201 I.P.C., P.S.Gagalhedi, District Saharanpur alleging therein that his daughter namely Muskan aged about 16 years went to anywhere on 27.04.2018 and on 28.04.2018 deadbody of Muskan found in pond near at his house and he further alleged that applicant Anuj Kumar murdered her daughter. On 29.04.2018 post mortem of deceased Muskan was conducted in District Hospital Saharanpur and as per post mortem report, cause of death was asphyxia as a result of anti mortem strangulation. On 30.04.2018 statement of informant Vinod Kumar under Section 161 Cr.P.C. was recorded by the Investigating Officer. In his statement he stated that applicant was regularly harassing the deceased and also wanted to marry her. The informant further stated that the applicant had given threat him that if he marries his daughter to anyone, whole family will face consequences. On 28.07.2018 the Investigating Officer recorded statement of Chandra Prakash and Ishwar Chandra under Section 161 Cr.P.C. Chandra Prakash, who is real brother of informant, stated that on the fateful night he saw the deceased with applicant going towards pond. Another witness Ishwar Chandra, who is cousin of informant, stated that in the night of 27.04.2018 when he was walking near pond, he saw the applicant coming in nervous condition.
Learned counsel for the applicant submitted that applicant is innocent person and has falsely been implicated in this case. In the present case there is no eye witness. The informant lodged the F.I.R. on the basis of doubt as such prosecution story is not believable. He further submitted that the applicant has not committed any offence as alleged in the F.I.R.. Statements of witnesses Chandra Prakash and Ishwar Chandra under Section 161 Cr.P.C. have been recorded after three months. The applicant has not previous criminal history. He is in jail since 06.05.2018.
Learned A.G.A. appearing on behalf of the State vehemently opposed the submissions made by learned counsel for the applicant. He submitted that merely perusal of the statements recorded under Section 161 Cr.P.C. of the informant and two witnesses, prima faice it is established that the present applicant has murdered the deceased. The applicant is named in the F.I.R. The version of the F.I.R. has been supported by the statements recorded under Section 161 Cr.P.C. of the informant and two witnesses. Therefore, the present application is devoid of merit and is liable to be rejected.
I have heard learned counsel for the applicant and learned A.G.A. and perused the record.
Prima faice it is established that the applicant has committed offence as alleged in the F.I.R.
Considering the facts and circumstances of the case, nature of offence and punishment provided therefor, I do not find any ground to release the applicant on bail. Hence the bail application of the applicant is rejected at this stage.
Order Date :- 31.10.2018 Asha (Chandra Dhari Singh,J.)