Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47701 of 2020 Applicant :- Israr Opposite Party :- State of U.P.
Counsel for Applicant :- Inder Pal Singh Tomar,Amit Kumar,Prabhat Kumar Singh Counsel for Opposite Party :- G.A.,Shri Ram (Rawat)
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, 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. 560/2020, under Section 302 IPC, police station Loni Border, District Ghaziabad with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that initially the F.I.R. was lodged by one Varun Tyagi under Section 304-A IPC by alleging that on 10.07.2020 at about 3.00 PM the dead body of a lady was seen lying near the Nala of Avas Vikas. Learned counsel has submitted that after that the father of deceased has moved an application by alleging that his daughter Mohsina (deceased) is missing since 10.07.2020 from 1.00 PM and the recovered dead body was identified as of his daughter Mohsina. Learned counsel has submitted that the alleged statements of brother, cousin and neighbour of deceased that on 10.07.2020 at 1.00 PM, deceased was taken away by applicant on his motorcycle are thoroughly false and baseless. It was submitted that no missing report was lodged by first informant and even in the application, which was filed by father of deceased after identifying of deceased, he has not named the applicant. Learned counsel has further submitted that alleged recovery of mobile phone of deceased is also doubtful. Learned counsel has referred recovery memo and submitted that as per the confessional statement of accused, he has concealed the mobile phone so that he may sell it later but this version appears improbable. Regarding alleged CCTV footage, wherein as per prosecution version, applicant is seen taking away the deceased girl on motorcycle, it has been submitted that there is nothing to show that provisions of Section 65-B of Indian Evidence Act have been complied with and thus, the alleged CCTV footage cannot be considered in evidence. Regarding call details record, it has been submitted that as per CDR, the location of applicant at about 12.47 PM was at NOIDA and the location of deceased was around Ghaziabad and thus the said CDR does not support the prosecution version. It has further been submitted that there is no reliable evidence against the applicant and that applicant has no motive to cause death of deceased and that the motive alleged by prosecution is thoroughly false and improbable. It has further been argued that the applicant is in judicial custody since 16.07.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that applicant wanted to marry with deceased girl, who was his cousin and as the marriage of deceased girl was fixed by her father somewhere else, applicant has committed this incident. It was further submitted that there are statements of several witnesses, who have stated that on 10.07.2020 deceased was taken away by applicant on motorcycle. It was also submitted that there is also CCTV footage to the effect that deceased was being taken away by applicant. Further, the mobile phone of deceased has also been recovered at instance of applicant. It was further submitted that the case relates to the murder of a young lady and there is evidence against the applicant.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Israr is rejected.
Order Date :- 27.10.2021 Anand