Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9178 of 2018 Applicant :- Girish Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit filed today on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant Girish Kumar who is involved in Case Crime No. 591 of 2017, under Sections 302, 504 I.P.C., Police Station-Chandausi, District- Sambhal.
As per prosecution version, on 8.10.2017 at about 11:15 PM applicant, co-accused Ramesh Chandra Bhatia and Harish Kumar caused injuries to Smt. Upasna, who is the sister of informant, by blunt object and due to which she died. Informant Adarsh Dixit and his nephew Mayank reached there and saw the occurrence.
Learned counsel for the applicant contended that applicant has no criminal history and no specific role has been assigned to him. He further contended that informant is resident of about 5 KM away from the spot. There is no eye witness of the alleged occurrence. Deceased Upasna sustained injuries not only by blunt object but also by sharped edged weapon. Applicant has been falsely implicated in this case due to enmity and he is in jail since 10.10.2017.
Learned A.G.A., has opposed the prayer for bail and contended that informant Adarsh Dixit and his nephew Mayank when reached on the spot, incidence was going on. They might have not seen all the blow caused by the applicant and co-accused to deceased.
First information report has been lodged just after one hour and fifteen minutes of the occurrence. As per post mortem report deceased Upasna sustained 8 injuries. There were multiple incised wounds at her neck. She was brutally murdered.
Considering the facts and circumstances of the case, I do not find it a fit case for enlarging the applicant on bail.
Application stands rejected.
Order Date :- 29.3.2018 Jaswant