Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32969 of 2021 Applicant :- Charan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Bhan Dubey,Anil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over this second bail application, moved by the applicant, Charan Singh, in Case Crime No. 39 of 2021, under Sections-302, 201, and 34 I.P.C., Police Station-Meerganj, District-Bareilly.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 12.02.2021; occurrence was of 05.02.2021; report was got lodged on on 08.02.2021; it was against unknown assailants; subsequently, in the statement of informant some suspicion was raised; applicant is relative of deceased because of which used to visit his house and merely on the basis of suspicion this implication has been made; the alleged last seen witness is a procured witness; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release of bail; hence bail has been prayed for.
Learned AGA has vehemently opposed.
Having heard and gone through the material placed on record, it is apparent that admitted fact is that the applicant is son of maternal uncle of deceased; he was used to visit the house of the deceased very often; the report was got lodged after autopsy examination and establishment of murder of the deceased by throttling was there; hence, it was not a delayed report; it was got lodged against unknown assailants; no malice to implicate the applicant was there, but, subsequently, a last seen evidence came in existence and on the basis of suspicion, call detail record of cell phone of wife of deceased and applicant was obtained, wherein, there are long conversations very often in between, particularly, on the date of occurrence itself, in the night, and the same is the location of the applicant in close proximity of this occurrence; same is further substantiated by last seen witnesses, who in their statements, have said that applicant took the deceased with him, in that very night, from the place where Bhagwat Katha was going on; and in the morning dead body of the deceased was found.
Considering all those facts and circumstances of the case; heinousness of offence of murder, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, but without commenting on merit of the case, there appears to be no ground for bail.
Accordingly, this bail application is rejected.
Order Date :- 23.12.2021 Deepak/