Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47822 of 2018 Applicant :- Jeetu Opposite Party :- State Of U.P.
Counsel for Applicant :- Purushottam Dixit Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by applicant-accused Jeetu s/o Khushi Lal Jatav R/o Village- Nawabpur, P.S. Basehar, District Etawah for bail in Case Crime No. 73 of 2018 under Sections 147, 148, 149, 302, 354Ga, 120B, 34 I.P.C. and 7/8 POCSO Act, P.S.- Basehar, Distt.- Etawah.
Sri Dinesh Kumar Verma, learned counsel has filed Vakalatnama on behalf of informant, which is taken on record.
Learned counsel for the applicant has filed supplementary affidavit and a copy of the order dated 2.11.2018 passed in Criminal Misc. Bail Application No. 40880 of 2018 (Ranjeet Kumar Vs. State of U.P.), which is kept on record.
Heard Sri Purshottam Dixit, learned counsel for the applicant, Sri Dinesh Kumar Verma, learned counsel for the informant and learned AGA for the State and perused the material available on record.
Learned counsel for the applicant has submitted that the applicant is not named in first information report. He is innocent and has been falsely implicated in this case due to village party bandi. There is neither any direct evidence nor any witness of the occurrence. His name came into light, for the first time, on 18.4.2018 in the statement of one Arvind Shakhya who is nephew of the informant. In his statement he has stated that he had seen the applicant with other co-accused going towards the field of Ajab Singh wherefrom bodies of both deceased were recovered. The statement of this witness is concocted and false. On 18.4.2018 the applicant was arrested by the Police and on his pointing out, one country made pistol of 315 bore was recovered. The other co-accused Ranjeet Kumar has been granted bail by the co-ordinate Bench of this Court. He is in jail since 18.4.2018. If he be released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned counsel for the informant and learned AGA have vehemently opposed this bail application and submitted that in this case two minor girls have been murdered due to one sided love story. Though the applicant is not named in the first information report, fire arm used in committing the offence i.e.
315 bore pistol with one empty cartridge and three live cartridges have been recovered from the house of the applicant on his pointing out. As per the statement of informant- Ram Kishore, applicant- Jeetu and other co-accused Ativeer Jatav, Anand Babu Katheriya and Ranjeet Katheriya used to comment, molest and harass the deceased- Sandhya due to which she dropped her study. Applicant Jeetu also wanted to marry the deceased- Sandhya. Witness Arvind Kumar Shakhya has told that the applicant Jeetu alongwith other accused were seen at 8:00 pm towards place of occurrence. According to these witnesses the accused has caused murder of the deceased Kumari Sandhya (18 years) and Shalini @ Shalu (13 years). Offence is very heinous and cruel. The role of this applicant is different form the other co-accused who has been enlarged on bail. Bail application be rejected.
Looking into the gravity of offence, role of applicant as well as recovery from the applicant and other materials available on record I am of the view that accused-applicant is not entitled for bail. Hence this bail application is rejected.
Order Date :- 18.12.2018 Vandana