Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41765 of 2018 Applicant :- Gaurav Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that the applicant has been falsely implicated and there is no incriminating evidence against the applicant; that as per averments made in FIR lodged by S.I. Ravindra Singh, he enquired into the matter of death of Shushma on 27.05.2018 regarding which there was a news item in local newspaper on 28.05.2018, that brother put his sister on fire upon seeing her talking someone on telephone; that there is no incriminating evidence against the applicant; that co-accused Mordhwaj has been granted bail vide order dated 06.09.2018 passed in Crl. Misc. Bail Application No. 33895 of 2018; that applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 30.05.2018.
Per contra, learned AGA submitted that it is a clear case of honour killing of sister by her brother by putting his sister on fire; that after committing marpeet with his sister, the applicant poured kerosene on her and put her on fire to pretend it a case of suicide, and without opting for postmortem of her body, he performed her funeral surreptitiously in connivance with the post mortem of body conducted even without getting family members to make the evidence of crime disappear; that the case of applicant is distinguishable from Mordhwaj; that the applicant is not entitled for bail and if released 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 Gaurav in Case Crime No. 336 of 2018 under Sections 302, 201 and 34 I.P.C., P.S. Tanda District Rampur is rejected accordingly.
At this stage learned counsel for the applicant submits that trial court be directed to conclude trial expeditiously.
The trial court is request to concluded the trial expeditiously in accordance with law in that granted unnecessary adjournments to either party.
Order Date :- 28.11.2018 M. ARIF