Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8635 of 2018 Applicant :- Kishan Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer 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. 194 of 2017, under Section 364, 308/34, 201, 120-B of IPC, Police Station Brijmanganj, District Maharajganj with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case; that applicant is not named in the FIR; that his name was shown in the statement of Sovind Yadav and Surendra Yadav after long time of the alleged incident and that the statement of mother of the deceased was also recorded on 16.8.2018. It was submitted that there is no eye witness of the alleged incident and alleged evidence of last seen is not reliable. It was further pointed out that co-accused Gopal Yadav has already been granted bail by this Court and the role of the applicant is similar to him. It is further argued that the applicant is in jail since 2.7.2017 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that during investigation involvement of applicant was found in the alleged incident and that role of the applicant is different from the co-accused Gopal Yadav and that as per the witnesses, the deceased has taken away by the applicant.
Perusal of the record shows that during investigation independent witnesses Sovind Yadav and Surendra Yadav have stated that on 29.6.2017 at 10:00 AM deceased was taken away by the applicant on the motorcycle. The mother and the sister of the deceased Sarita have also stated that deceased was taken away by the applicant on the motorcycle. As per the prosecution version, deceased was having relation with the sister of the applicant and his murder was committed due to that fact. It is apparent that role of the applicant is different from the co- accused Gopal Yadav. The case relates to the kidnapping and murder of the 15 year-boy. The trial is in progress. Keeping in view the submission of learned counsel for the parties, role of the applicant, gravity of offence and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, no case for bail is made out.
The prayer for bail is rejected.
Order Date :- 21.8.2019 Mohit