Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13345 of 2021 Applicant :- Ballu Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilendra Yadav Counsel for Opposite Party :- G.A.,Alok Singh
Hon'ble Samit Gopal,J.
Heard Sri Akhilendra Yadav, learned counsel for the applicant, Sri Alok Singh learned counsel for the first informant and Sri Akhilesh Kumar Tripathi, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Ballu, seeking enlargement on bail during trial in connection with Case Crime No. 300 of 2020, under Sections 302, 201 I.P.C., registered at Police Station Firozabad South, District Firozabad.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the present case, is a case of circumstantial evidence and there is no eye-witness to the murder. It is further argued that as per the prosecution case, the deceased was called by the applicant and co-accused Vijay @ Kallu from his house on 30.10.2020, who as per his wife / the first informant, went on their calling and used to return by 8-10 pm but did not return after which search was launched but he could not be traced. Later on, at about 8:00 am on 31.10.2020, she came to know that the dead body of her husband having head crushed with stones is lying on which, she went to the place near power-house and found the dead body there. It is argued that the applicant is not involved in the present case. It is further argued that except for the evidence of last seen which has been stated by Narendra Kumar and Brijesh Kumar in their statements, the copies of which are annexed as Annexure-7 to the affidavit, there is no other evidence against the applicant. It is further argued that the prosecution has shown the recovery of a stone on the pointing out of the applicant but stone is a common and an easily available item and there is no corroboration of use of the same, the said recovery is of no use and trustworthy. The applicant has no criminal history as stated in para 28 and is in jail since 08.11.2020.
Per contra, learned A.G.A and learned counsel for the first informant vehemently opposed the prayer for bail and argued that the deceased along with the two accused being the applicant and co-accused Vijay@ Kallu were seen by Narendra Kumar on 30.10.2020 at about 08:30 pm and even Brijesh Kumar had seen the deceased in the company of both the said persons on 30.10.2020 at about 08:15 pm. It is argued that postmortem of the deceased was conducted on 31.10.2020 at about 4:15 pm wherein, the doctor had opined the time since death to be 3/4th day which would correspond with the time of last seen of the deceased with the applicant and co-accused and as such, the said evidence is clinching. It is argued that the evidence of last seen of the deceased with the applicant and co- accused and particularly, the time since death and the statements of the two persons is an evidence which would go to show that the applicant is involved in the present case. It is further argued that the bail application of identically placed co- accused Vijay@Kallu has been rejected by this Court vide order dated 2.8.2021 passed in Criminal Misc. Bail Application No. 18222 of 2021. It is argued that the prayer for bail be rejected.
After having heard the learned counsel for the parties and perusing the record, it is apparent that two witnesses have stated of the deceased to be seen with the applicant and co-accused, time since death in the postmortem examination report corroborates with the prosecution case.
Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
(Samit Gopal,J.) Order Date :- 25.10.2021 Naresh