Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40541 of 2019 Applicant :- Balkeshwar Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vibhuti Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri K.P. Tiwari, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that on 13.6.2019, applicant assaulted Rajbali (son of complainant), he received three injuries i.e. two incised injuries, resultnatly died. During investigation, it was found that there was illicit relation between applicant (brother-in-law of deceased) and wife of deceased due to which he killed him. Blood stained axe used in the crime was recovered at the pointing out of applicant.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 20.6.2019 (near about three and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is brother-in-law (sadhu) of deceased. He killed his brother-in-law. Applicant is single accused in this case. Blood stained axe used in the crime was recovered at the pointing out of applicant. There is no chance of false implication. Trial is going on. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Balkeshwar Rajbhar involved in Case Crime No. 101 of 2019, under Section 302 IPC, P.S. Bansdih, District Ballia is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 30.9.2019 A. Singh