Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52665 of 2019 Applicant :- Mahendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Prasad Mishra,Sanjay Kumar Jain Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri I.P. Srivastava, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.184 of 2019, under Section 302 I.P.C., Police Station Kurawali, District- Mainpuri with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the Court notes that the allegation was that the deceased was having relations with the daughter of the applicant and it was this which motivated him to commit the crime in question. Insofar as this allegation is concerned, all that is stated is that the same is false and fabricated. There is no specific denial of the relationship which was alleged. Learned counsel then refers to the recital appearing in the post mortem report which placed the time of death to be 36 to 48 hours. Bearing in mind the fact that the incident is stated to have taken place between 12 to 6 P.M. on 12 May 2019, the Court finds no material discrepancy insofar as this recital is concerned. The Court also bears in mind the statement of Aditya Kumar who has alleged that the applicant was last seen at the place where the incident is stated to have occurred. This statement has also not been denied or dealt with in the application. Bearing in mind the material gathered till date which lends a colour of honour killing to the entire episode, the Court finds no ground to enlarge the applicant on bail.
Consequently, the application is rejected.
Order Date :- 28.11.2019 Vivek Kr.