Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40169 of 2019 Applicant :- Durgesh @ Sajjan Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against Sriniwas alleging that the marriage of deceased Devika was solemnized with Sriniwas before five years. There are some dispute between wife and husband, hence she was missing on 11.1.2019. It is suspected that Srinivas and his family members killed Devika. During investigation, head of deceased was recovered on the pointing out of accused Durgesh @ Sajjan (brother-in-law of deceased) and the names of Ram Bahal (father-in-law of deceased) and Sheela Devi (mother- in-law of deceased) were disclosed stating therein that they were also indulged in this crime.
It is submitted by learned counsel for the applicant that applicant is brother-in-law of deceased. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against the applicant. Applicant was not named in the F.I.R. the name of applicant was disclosed after thought and due legal consultation. Recovery of so-called head of deceased was recovered after ten days of incident. It is admitted fact that there were some dispute between wife and husband and marriage of deceased was love marriage. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. He is languishing in jail since 27.1.2019 (eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is brother-in-law of deceased. He killed the deceased with co-accused Sriniwas and head of deceased was recovered at the pointing out of applicant. The case of applicant is distinguishable from co- accused Ram Bahal and Sheela Devi who have already been granted bail by this Court. There is no chance of false implication. Trial is going on. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Durgesh @ Sajjan involved in Case Crime No. 09 of 2019, under Sections 323, 504, 506, 498, 304-B, 120-B, 302, 201, 182 IPC and Section 3/4 Dowry Prohibition Act, P.S. Khadda, District Kushi Nagar is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 27.9.2019 A. Singh