Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8745 of 2021 Applicant :- Faheem Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.,Shivakant
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of first informant.
The present bail application has been filed by the applicant in case crime No. 23 of 2020, under Sections 302, 201 IPC, P.S. Jafarganj, District Fatehpur, 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 not committed any offence. It was stated that only evidence shown against the applicant is that of 'last seen' as first informant has alleged that deceased was taken away by the applicant and co-accused Saleem. Learned counsel submitted that there is no eye-witness of alleged incident and that there is no independent witness of said 'last seen' evidence. As per prosecution version, the alleged recovery of an axe has been shown at the instance of applicant and co-accused Saleem but that said recovery has been made from the tube-well of co-accused Saleem. It was stated that as per postmortem report, only one injury has been shown on the body of deceased and that as per statement of co-accused Saleem, the role assigned to applicant is of catching hold and the role of giving an axe blow to deceased has been attributed to co- accused Saleem. Learned counsel submitted that there is no credible evidence against the applicant. The applicant is a resident of Garhi, Fatehpur, which is at the distance of about 3 km. from Jafarganj, District Fatehpur and that presence of applicant at the spot is highly improbable. It was submitted that in fact there is an old enmity between the parties on the issue of Panchayat Election and that applicant was falsely implicated due to this reason. Criminal history of one case has been shown against the applicant, which has been duly explained. Lastly, it was submitted that the applicant is languishing in jail since 17.03.2020 and 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 there is evidence that on 16.03.2020 at 08:00 PM deceased was taken away by the applicant and co-accused Saleem on motorcycle for dinner party and thereafter his dead body was found on the corner of road. It was submitted that applicant and co-accused have given a false information to the family of deceased that deceased has met with an accident, whereas postmortem report of deceased shows that deceased has sustained incised wound 3cm x 0.5 cm, brain deep which is present on the occipital region, 4 cm away from tip of right ear. The FIR was lodged without any undue delay. It has also been submitted that the axe, used in the incident, has also been recovered at the instance of applicant and co-accused Saleem.
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 Faheem is hereby rejected.
Order Date :- 30.9.2021 A. Tripathi