Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9809 of 2019 Applicant :- Brajesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.40 of 2018, under Sections 302 IPC, Police Station Chhatari, District Bulandshahr.
According to the prosecution version, on 17.02.2018, some relatives of the informant Reshampal Singh had come to his house in the marriage ceremony of his younger daughter Sangeeta. The applicant had also come to his house at about 9.15 P.M. and the ritual ceremony of Mehdi was going on. All of sudden, applicant came having a knife cut the neck of Sangeeta and she died. He submits that there is no eye witness of the incident. Father of the informant alleged to have witnessed the incident. There is no source of light when the ritual of Mehdi was going on by the barbar, who has stated that in the light of Mobile, applicant was seen. He also submits that applicant had strained relation with the deceased and he had filed a case, being Case No.950 of 2015, under section 9 of the Hindu Marriage Act before the Family Court, Aligarh. Since deceased's sister and applicant relation were strained, so no question arises to go in the marriage ceremony of the deceased's sister.
Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant and submitted that the applicant is named in the F.I.R and the knife used the incident has been recovered on the pointing of the applicant, hence the applicant is responsible for the alleged offence, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merits, it is not a fit case for bail.
Accordingly, the bail application is rejected. However, since the applicant is in jail, so trial court is directed to expedite and conclude the trial, if possible, within a period of six months.
Order Date :- 27.11.2019 SFH