Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39932 of 2019 Applicant :- Arun Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Savita Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Ms. Ladlee Pandey, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two persons, namely, Arun Kumar and Sudeep Kumar alleging that on 11.4.2019 at 21:30 hours they killed Pradeep Kumar @ Chhotey assaulting by bricks. According to postmortem report, three injuries were found on the body of the deceased. Two incised wounds and one occipital region on head.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and is languishing in jail since 12.4.2019 (more than five months) having no criminal history. There is no motive against the applicant. There is no recovery at the pointing out of the applicant. There is no independent witness and injuries are doubtful. In case he is released on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is main and alone accused in this case and Rinki (Mami) of the applicant has stated in her statement that on the date of the incident there was a 'Mundan' of Raja Ram Dhobi and on that day the applicant taken wine and when his father-in- law scolded him he thrown stone at his father-in-law. Later on, he killed the deceased by assaulting stone on his head. Sonu, Deepu and Jai Prakash have stated the same version alleging that applicant had killed the deceased by assaulting stone. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage in Case Crime No. 89 of 2019, under Section 302, 504 I.P.C., Police Station Rura, District Kanpur Dehat.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C., if there is no legal impediment.
D.M. & S.P./S.S.P,- Kanpur Dehat are directed to ensure the presence of the witnesses summoned before the court below.
Office is directed to send a copy of this order to D.M. & S.P./S.S.P,- Kanpur Dehat as well as to the court concerned within three days for compliance.
Order Date :- 26.9.2019 OP