Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14550 of 2021 Applicant :- Chandrapal Opposite Party :- State of U.P.
Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.,Bhavya Sahai,Subedar Mishra
Hon'ble Samit Gopal,J.
Matter taken up through Video Conferencing.
Sri Amit Daga learned counsel for the applicant appears through Video Conferencing and states that he has filed his memo of appearance on behalf of the applicant yesterday i.e. 25.5.2021 in the office. Office to trace out the same and place it on record.
Heard Sri Amit Daga, learned counsel for the applicant, Sri Virendra Kumar Mauya learned A.G.A. for the State, Sri Subedar Mishra and Sri Bhavya Sahai, learned counsels for the first informant who have also appeared through Video Conferencing.
Perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Chandrapal, seeking enlargement on bail during trial in connection with Case Crime No.194 of 2020, under Sections 302, 34 I.P.C., registered at P.S. Barsana, District Mathura.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that although the applicant is named in the F.I.R. but the F.I.R. is a concoction and narration that the applicant along with three other co-accused persons were instrumental in making the deceased Madan Mohan consume liquor which was mixed with poison as a result of which he died is false. It is argued that nothing has been recovered from the possession of the applicant and even there is no recovery of any incriminating material on his pointing out. It is argued that during investigation no such material was collected by the Investigating Officer which would go to show that poison was given to the deceased mixed in liquor. Learned counsel has further argued that falsity of the prosecution case would appear from annexure no. 2 to the affidavit which is an information given to the police on 1.8.2020 at about 09.46 hours by one Radha Kishan through telephone who has stated that his 'jija' Shimboo@Madan Mohan has been murdered by some unknown persons by giving poison. It is argued that subsequently the F.I.R. was registered on 2.8.2020 at 00.35 hours by Amar Singh in which it has been stated that the applicant and three other co-accused persons were seen by him consuming liquor along with the deceased and after the deceased came back home he died. It is argued that as such version in the F.I.R. is an afterthought just to falsely implicate the applicant. It is argued that the applicant has no criminal history as stated in para- 21 of the affidavit and is in jail since 23.11.2020.
Per contra, learned A.G.A. and learned counsels for the first informant opposed the prayer for bail and argued that the first informant is an eye witness to the fact that all four accused persons including the applicant and the deceased were consuming liquor together after which the deceased reached his house and died. It is argued that viscera was sent for chemical analysis and the report of chemical analyst shows that viscera contains "Aluminium Phosphide and Ethyle Alcohol Poison", copy of which is annexure no. 7 to the affidavit filed in support of bail application. It is argued that as such it is clear that the deceased was made to consume alcohol which was mixed with poison as a result of which he died. It is argued that the prayer for bail be rejected.
After having heard learned counsels for the parties and perusing the record, it is apparent that the applicant is named in the F.I.R., the first informant is the witness to the fact of the deceased consuming liquor along with four accused persons including applicant after which he came to his house and died. The viscera report is positive in so far as poison in the viscera is concerned.
Looking to fact and circumstances of the case, nature of evidence and gravity of offence, I do not find it a fit case to release the applicant on bail.
Accordingly, 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 :- 26.5.2021 Naresh