Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54735 of 2019 Applicant :- Harkesh Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 1741 of 2017 (S.T. No. 212 of 2018), under Sections - 302, 201 of IPC, Police Station Kotwali Dehat, District Bulandshahar with the prayer to enlarge the applicant on bail.
The incident is alleged to have taken place in the intervening night of 27/28.10.2017 and the matter was reported to police by complainant Jitendra Singh on 28.10.2017 at about 09:30 A.M. It was mentioned in the First Information Report that the complainant had gone to his fields in the morning at about 08:00 A.M. and saw dead body of an unknown person lying in sugarcane field alongside a hand pump (bumba) on Utraoti road and police was informed.
Learned counsel for applicant submits that accused is quite innocent and he has been falsely implicated. There is no trustworthy evidence against him.
Learned A.G.A. has opposed the prayer for bail and has submitted that name of present accused has surfaced on the application given by the deceased's brother-in-law, which is annexed at page No. 41 of the paper book. The learned A.G.A. has also submitted that present accused Harkesh was having love relation with deceased's wife, who was his cousin sister and that is why the present accused with the help of his cousin sister Premwati has murdered deceased Narendra. Further, it has been submitted by the learned A.G.A. that to confuse the investigating agency a report was got lodged by the wife of deceased on 27.10.2017 at about 11:30 A.M alleging that her husband Narendra Kumar had come to her parental house to take her along with him and when they (husband and wife) proceeded from village Khinni and reached at Adda, a maruti van was stopped, in which both sat down. After sometime the persons sitting in said maruti van looted her ornaments, after dropping her they had taken away her husband with and then, the matter was informed to the police. Further submission by learned A.G.A. is that during investigation it was found that this report by deceased's wife was got lodged falsely just to confuse the police and it surfaced during the investigation that deceased Narendra was done to death by present accused Harkesh with the help of deceased's wife. Deceased's mobile and blood stained shirt were also recovered at the instance of the present accused. It was also submitted by the learned A.G.A. that the weapon of assault i.e. brick and blood stained saree of Premwati were also recovered at the pointing out of the present accused applicant.
After considering the rival submissions of the learned counsel for the parties, after considering the facts and circumstances of the present case and without commenting on the merits of the case under trial, this Court is not obliged to grant bail to present accused.
The Bail Application is rejected. The Trial Court is directed to conclude the trial within six months after communication of this order.
Order Date :- 18.12.2019 LBY