Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21725 of 2021 Applicant :- Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Rana Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 1055 of 2020, under Sections 364, 302, 201 IPC, P.S. Vijay Nagar, District Ghaziabad, with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It was submitted that there is no eye-witness of alleged incident and that applicant has been falsely implicated merely on the basis of suspicion. Learned counsel has referred the statement of first informant and other witnesses and submitted that the alleged 'last seen' evidence against the applicant, is not reliable. The dead body of deceased was recovered in the area of police station Badalpur as an unknown dead body and that recovery of one blood stained 'Gamcha' was also shown. It has been submitted that after arrest of applicant, again the same 'Gamcha' has been shown recovered at the instance of applicant, which falsifies the prosecution version regarding alleged recovery. Similarly, the alleged recovery of blood stained brick, is also false and that there is no independent witness of alleged recovery. In fact the applicant was falsely implicated in this case because sister of informant, namely, Soni was having love affair with applicant and earlier applicant was residing on rent at the house of uncle of first informant. It has been further submitted that the applicant is languishing in jail since 09.08.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that the deceased was taken away by the applicant by saying that he has provided a job to him and thereafter on 07.08.2020 at 8:00 AM the deceased was 'last seen' along with applicant by the witness Sonu. Recovery of blood stained brick, used in causing murder of deceased and blood stained 'gamcha' has taken place at the instance of applicant and co-accused. Learned A.G.A. has referred case diary and submitted that there was motive on the part of applicant and his conduct is also inculpatory.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Deepak is hereby rejected.
Order Date :- 23.9.2021 A. Tripathi