Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10041 of 2021 Applicant :- Bahadur @ Vijay Bahadur Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Pankaj Kumar Mishra, learned counsel appearing for the applicant and learned A.G.A.
This bail application has been filed by the applicant to enlarge him on bail in case crime no. 94 of 2020 (S.T. No. 625 of 2020), under Sections 302, 201 IPC, Police Station Chiluwatal, district Gorakhpur.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has not committed the present offence. It is further argued that although applicant is named in the FIR but informant is not an eye account witness. Recovery of dead body is from the house of Ram Milan. Referring to the recovery memo said to have been prepared regarding "Fadwa" and "Ramma" it is also argued that same is not connected with the present case and applicant has not taken away the deceased from his house. He was implicated in this matter on the basis of false facts. There is no direct evidence to connect the applicant with the present matter. Prosecution rests its case on the basis of confessional statement of co-accused. It is also argued that if entire prosecution case is taken into consideration then also co- accused from whose house dead body of the deceased was recvovered may be involved in the present matter. At this juncture, learned counsel for the applicant also referred to the entire documents and further stated that he is in jail since 13.03.2020 having no criminal history.
Learned A.G.A. argued that incident is said to have taken place on 02.03.2020. FIR was lodged by the wife of the deceased on 03.03.2020 itself. Dead body of the deceased was recovered from the place which is disclosed in the FIR itself. Applicant is named in the FIR. Deceased was taken away by the applicant and other accused from his house. Thereafter his dead body was recovered. Thus, referring to the contents of the FIR, statement of the witnesses recorded in the matter as well as medical evidence, it was argued that a prima facie case is made out against the applicant.
Having considered the rival submissions, going through the entire record and also taking into consideration the contents of the FIR as well as the fact of recovery of dead body, without expressing opinion on the merits of the case, The Court is of the opinion that applicant has not made out a case for bail.
Bail Application is hereby rejected.
Order Date :- 27.9.2021 Sachdeva