Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4660 of 2019 Applicant :- Dilip Opposite Party :- State of U.P.
Counsel for Applicant :- Preet Pal Singh Rathore,Mohd Faiz Counsel for Opposite Party :- G.A.,Mohit Singh
Hon'ble Raj Beer Singh,J.
The present bail application has been filed by the applicant in Case Crime No. 678 of 2018, under Sections 302, 394, 411, 201, 120B of IPC, Police Station Civil Lines, District Badaun with the prayer to enlarge the applicant on bail.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and that he has not been named in FIR. As per statement of co-accused Shivam Maurya, alleged offence has been committed by him and that no recovery was effected from possession of applicant. It was stated that alleged recovery of Rs.20,00,000/- (twenty lakhs) has been made from the house of co-accused Sonu. It was further submitted that there is no evidence against applicant and that he is languishing in jail since 15.10.2018 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail and argued that case is quite heinous as in alleged incident, wife of complainant has been done to death and robbery was committed in his house and that deceased has sustained seven injuries. An amount of Rs.Rs.20,00,000/- (twenty lakhs), robbed in alleged incident, has been recovered at instance of applicant and co-accused persons. It was further argued that alleged offence of murder and robbery were committed in conspiracy with applicant and that after alleged murder and robbery, amount of Rs. twenty lakhs remained in possession of applicant and co-accused.
Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and all attending facts and circumstances of case, the Court is of the opinion that it is not a fit case for bail.
Hence, the bail application of applicant-Dilip is hereby rejected.
Order Date :- 29.11.2019 Mohit