Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22326 of 2021 Applicant :- Arun Kumar Mishra Alias Annu Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Sharma,Vinay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 484 of 2020, under Sections 302, 201, 394, 411, 34 IPC, Police Station Bidhoor, District Kanpur Nagar with the prayer to enlarge the applicant on bail.
The report of this incident was lodged by the complainant who is said to be the husband of the Village Pradhan when an unknown dead body was found. Later, it was detected to be of the husband of Gunjan Rawat. The wife of the deceased namely Gunjhan Rawat had telephoned the police on telephone No. 112 and the police sent the video of the dead body through whatsap, then, that video was recognized by the wife of the deceased to be that of her husband. Name of the present accused has surfaced on the same day just after giving the message to the police by the complainant that her husband was missing.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is submitted that the present accused was friend of the deceased and he was having no motive to kill the deceased. It is also submitted that the applicant has no criminal history. Lastly, it is argued that the applicant is in jail since 12.11.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer for bail. It is argued that the name of the present accused has surfaced on the same day when the dead body was found and there is a recovery of iron rod and blood stained clothes from the present accused, which was witnessed by independent witnesses as is mentioned in the Fard Baramadgi annexed at page No. 39 of the paper book. It is also argued that seven injuries were found caused on the body of the deceased and as per the opinion they could have been caused by hard and blunt object.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, this Court is not inclined to grant bail to the applicant.
The bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.8.2021 LBY Digitally signed by Justice Ajit Singh Date: 2021.08.23 19:21:29 IST Reason: Document Owner Location: High Court of Judicature at Allahabad