Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46235 of 2020 Applicant :- Dharmveer Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra,Ajay Kumar Mishra,Mewa Lal Shukla,Varinder Singh Counsel for Opposite Party :- G.A.,Gaurav Singh
Hon'ble Om Prakash-VII,J.
List revised. None is present for the informant. Compliance affidavit filed today is taken on record.
Present bail application has been filed by the applicant with the prayer to enlarge him on bail in case crime no. 278 of 2019, under Sections 302, 363, 201 IPC, P.S. Patwai, District Rampur.
Heard Shri Mewa Lal Shukla, learned counsel for the applicant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No prima facie case is made out against the applicant. Though applicant is named in the F.I.R. yet none has witnessed the incident. Prosecution rests its case only on the basis of circumstantial evidence and also on the basis of recovery of the dead body. It is also submitted that confessional statement said to have been made by the applicant before the Police cannot be read in evidence. Nothing is on record to show this fact that as to who had hidden the dead body of the deceased. There is no other evidence to connect the the applicant with the present matter. The applicant has no criminal history. He is languishing in jail since 15.12.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. In support of his arguments, learned counsel for the applicant placed reliance upon a decision of this Court in Bhuri Singh vs. State, 2000 2 ACR 1306.
On the other hand, learned AGA opposed the prayer for bail and submitted that dead body of the deceased was recovered on pointing out of the applicant. He himself has admitted that after committing murder of the deceased he had hidden the dead body of the deceased at the place from where same was recovered on his pointing out. A prima facie case is made out.
Having regard to the entire facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC and also the fact that applicant cannot get any help with the law laid down in the aforesaid case at this stage, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is liable to be rejected and the same is accordingly rejected.
Order Date :- 6.10.2021 safi