Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31522 of 2019 Applicant :- Arvind Kore Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chitranshu Srivastav,Maohammd Nadeem Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State as well as perused the documents on record.
This instant bail application has been filed on behalf of the applicant Arvind Kore with a prayer to release him on bail in Case Crime No.49 of 2019, under Section 302 IPC Police Station Panki, district-Kanpur Nagar, during the pendency of trial.
The submission of the learned counsel for the applicant is that the F.I.R. has been lodged against the applicant and other five accused persons. It is further submitted that there was some dispute between the applicant and the family members of the deceased and the applicant was in close relationship with the deceased, he used to talk with the deceased on mobile due to which the applicant has been falsely implicated in the present case. Further it is stated that the applicant is a student of B.Com and the case is based upon circumstantial evidence. The recovery of mobile of the deceased was made after one month on the pointing out of the applicant. The applicant has no criminal antecedent and is languishing in jail since 03.02.2019 and in case he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Per contra, learned AGA opposed the prayer for bail and submitted that the recovery of mobile of the deceased was made on the pointing out of the applicant. It is further submitted that in the postmortem report cause of death is shown Asphyxia and strangulation the accused applicant himself has stated in his statement that he committed murder of the deceased by tiying his neck with a Scarf.
Having considered the rival submissions of learned counsel for the parties, facts and circumstances of the case, in my opinion, the applicant is not entitled for grant of bail. The bail application is accordingly, rejected. Order Date :- 29.11.2019 Pr/-