Court No. - 43
Reserved On.-5.12.2019
Delivered On.-17.12.2019
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30123 of 2019 Applicant :- Jhankari Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Mishra Gana,Jay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Pankaj Naqvi,J.
Heard Sri Sanjeev Kumar Mishra, learned counsel for the applicant and Sri S.R. Pandey, the learned A.G.A. in respect of bail of the applicant in Case Crime No.126/2019, under Section 302 IPC, P.S.Bisalpur, Pilibhit.
The case of the prosecution is that the husband of the informant on 18.3.2019 had left to meet his brother Sonu @ Arif at village Bhagwanpur, along with ornaments who returned in the evening and left again at 7 PM on his motorcycle, she learnt on 19.3.2019 that the dead body of her husband was lying near the riverbed. The FIR nominates Sonu @ Arif as an accused who in the past had made an attempt to eliminate her husband.
It is submitted by learned counsel for the applicant that the applicant is not named in the FIR, he has been falsely implicated on mere suspicion, alleged recovery is fake, containing no blood of the deceased on the recovered jacket of the deceased, applicant is in jail since 20.3.2019, undertakes not to misuse the liberty, he be granted bail.
Learned A.G.A. opposed the submission on the ground that the blood- stained jacket and a banka have been recovered at the pointing out of the applicant within 24 hours of the disclosure of his identity.
Considering that the recovery of a blood-stained jacket and a banka has been promptly made at the pointing out of the applicant containing human blood as per FSL report, the prosecution case cannot be doubted at this stage merely on the ground that the blood group of the deceased has not been indicated as the blood sample had disintegrated, in so far his false implication at the behest of co-accused Sonu @ Arif, suffice to say that his name did not surface in the statement of Sonu @ Arif, rather in the statement of the informant on the same day, i.e., 19.3.2019, i.e., the date on which the FIR was lodged.
The bail is rejected.
However, no part of this order shall prejudice either of the parties at the stage of trial.
Order Date :- 17.12.2019/Chandra