Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41055 of 2018 Applicant :- Diwakar Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Janardan Yadav, learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant contended that the applicant is not named in F.I.R. and has been falsely implicated on the basis of suspicion; that the applicant is real brother of deceased and had no motive or reason to commit death of his sister; that there was marriage of daughter of applicant's Mama on 22.6.2018 at Kandharapur, District Azamgarh in which applicant along with his parents and sister (the deceased) went from village Dewara Kadim, P.S. Maharajganj, District Azamgarh to village Kandharapur, District Azamgarh; that since the engagement ceremony (Varichcha) of applicant was scheduled for 24th June at village Dewara Kadim, so the applicant along with his parents returned back to village Dewara Kadim and since at the time of their departure deceased was not seen, they proceeded to village Dewara Kadim leaving her at the place of Mama of applicant; that there is no incriminating evidence against the applicant except his confessional statement in police custody, which is not admissible in evidence; that it is wrong to say that applicant committed murder of his sister as a matter of honour killing or put acid on her face to make the evidence disappear; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 14.7.2018.
Learned AGA vehemently opposed the prayer of bail and contended that the applicant is real brother of deceased and has committed honour killing of his sister Premsheela; that it is evident from the record that in the marriage of daughter of Mama of applicant (as well as deceased), the deceased called her boyfriend Babban and handed over her mobile to applicant for talking with him with the contention that she will leave with Babban, so the applicant, who was opposed to such relationship decided to kill her taken her to the place of his another Mama, where during a scuffle and marpeet with deceased, he dashed her head against the wall and caused her death and in order to make the evidence disappear, he took her body to fields and put acid on her face so that her body may not be identified; that the postmortem report shows that upon conducting of postmortem at 3:45 p.m. on the body of deceased apart from various ante mortem injuries, the Medical Officer has opined that her death had taken place about 3-4 days ago i.e. between 22nd - 23rd June; that it is totally unnatural and surprising that the applicant or his parents or Mama or any family members of Mama neither lodged any F.I.R. nor even any missing report regarding disappearance of deceased, a young girl and very strangely left for engagement (Varichcha) of applicant and upon finding the body, report was made by Hemraj, the Gram Pradhan of Panchayat Kuwa Dev Chand Patti; that the statements of Mama and parents of deceased are evasive in nature and shows their conduct; that this is a clear case of honour killing and applicant is not entitled for bail and if released on bail will misuse the liberty of bail.
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 of applicant Diwakar in case crime no.71 of 2018, under sections 302, 201, 326-A IPC, P.S. Kandharapur, District Azamgarh, is rejected accordingly.
Order Date :- 26.11.2018 Tamang