Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29653 of 2021 Applicant :- Kuldeep Opposite Party :- State of U.P.
Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A.,Akhilendra Yadav
Hon'ble Rahul Chaturvedi,J.
Heard Shri Raghuraj Singh, learned counsel for the applicant; Shri Akhilendra Yadav, learned counsel for the informant and learned A.G.A. Perused the record.
The applicant is facing prosecution in connection with Case Crime No.183 of 2020, under Sections 302, 201 I.P.C., Police Station-Pachokhara, District-Firozabad. He is seeking bail by means of the present application during trial.
Contention of the applicant is that the present F.I.R. was got lodged by one Ramu on 13.8.2020 for the incident said to have taken place on 5.8.2020 u/s 302, 201 I.P.C. against the applicant and others. Further contention is that a missing report was got registered on 12.8.2020 and thereafter it has come to the knowledge of the informant that the informant's brother Lavkush, aged about 24 years, was nurturing an illicit relationship with one Ms. Madhu w/o Kuldeep. Infuriated by this, Kuldeep with the help and aid of other friends, eliminated Lavkush and hide his dead body. Learned counsel for the applicant has contended that the applicant is wholly innocent and has been falsely implicated in this case. It was argued by learned counsel that since the deceased was the property dealer and he was having relations with several persons, as such, he might have been eliminated by some unknown person. The entire prosecution case, according to the counsel, hinges upon a make-belief story falsely implicating the applicant in this murder case.
On the contrary, learned counsel for the complainant vehemently opposed the bail of the applicant making a mention that the applicant is being named in the F.I.R. and from his pointing out on 13.8.2020 the dead body of the deceased was recovered from the well. In addition to this, a blood-stained wooden rod (weapon of offence) and Gamchha of the applicant was also recovered from the applicant.
No doubt, there is no ocular testimony of the incident but the fact remains that the entire recovery is being made at the pointing out of the applicant including the dead body of the deceased from the well and wooden rod having blood stains used for elimination of the deceased.
Under the circumstances, I am not inclined to exercise my discretionary power u/s 439 Cr.P.C. in favour of applicant. Accordingly, the present bail application of the applicant stands REJECTED.
Order Date :- 28.10.2021 M. Kumar