Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37395 of 2018 Applicant :- Deepak Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Lal,Manvendra Narain Pathak,Shakeel Ahmad Azmi Counsel for Opposite Party :- G.A.,Subhash Chandra Tiwari
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. appearing for the State and perused the record.
This bail application has been filed on behalf of the applicant- Deepak Kumar in connection with Case Crime No.27 of 2018, under Section 302/34 I.P.C., P.S. Meja, District Allahabad.
The F.I.R. of this incident was lodged on 14.01.2018 by the complainant with the allegation that on 13.01.2018 at about 5.30 P.M. accused Suresh, Deepak, Raju and Bhim came to her house and asked about her son Radheshyam (deceased). The daughter-in-law of the complainant told that there is marriage in their family and Radheshyam had gone with the accused persons and when the deceased had not returned till 8:00 P.M., then complainant went to the house of co-accused Suresh and asked about his son. Door of the house was closed and when she raised alarm, wife of Suresh replied that there is no one in the house, suddenly, complainant heard the cries of her son, she made noise and the brother-in-law of the complainant and other people assembled there and when the door was opened, the accused persons namely, Suresh, Deepak, Raju and Bhim came out from the house and when the complainant went inside the house, she saw that her son, Radheshyam was lying in injured condition. The accused had caused serious injuries to the deceased on his head and the other parts of the body and blood was oozing and he succumbed to his injuries.
Learned counsel for the applicant submitted that the implication of the applicant in the present case is based upon suspicion and circumstantial evidence which appears to be of a very fragile nature and does not constitute the complete chain to link the applicant with the commission of crime in question. There is no direct evidence against the applicant. No incriminating article or material has been recovered either from the applicant's possession or on his pointing out. All the witnesses are the family members and hence partisan. He next submitted that the applicant, who has no reported criminal antecedents and is in jail since 29.1.2018 is entitled to be enlarged on bail during the pendency of the trial.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail.
Learned counsel for the informant has submitted that five persons including present applicant gone to the house of the deceased and told him to go to their house for some work, thereafter the deceased had gone with the accused persons but did not return his house. The dead body of the deceased was found at the open field near the house of co- accused Suresh. The accused after committing the murder of the deceased in his house thrown the dead body. He next submitted that the Informant also heard the shrikes of the deceased from the locked door of the accused house. The dead body of the deceased was found at the open field near the house of co-accused Suresh. Learned counsel for the informant further submitted that the the incident took place on 13.1.2018 at about 5:30 p.m. It was winter evening and darkness became started and the distance between the place of occurrence and the police station is about 20 kms that's why the FIR was lodged after more than eighteen hours.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I do not find it a fit case for bail.
The bail application is accordingly rejected.
However considering the peculiar facts and circumstances of the case the trial court is directed the conclude the trial of the applicant within a period of six months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties.
Order Date :- 30.9.2019 Abhishek Singh