Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37716 of 2021 Applicant :- Manoj Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Pathak,Krishna Mohan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 5 of 2020, under Sections 302 and 201 I.P.C., P.S. Madhuvan Baapu Dham, district-Ghaziabad and is in jail since 22.11.2020, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant, who happens to be the husband of the deceased Sonia, who was murdered on 21.11.2020 and it was alleged that on 21.11.2020 the complainant has received an information that his wife was murdered. The complainant has solemnized marriage with the deceased nine years ago and due to some dispute they were living separately from each other. The deceased was living in Madhuban Bapudham Colony at Flat no. 16B on rent and used to run a Boutique and the present accused was working as tailor in her Boutique and it is suspected that he has committed her murder.
Learned counsel for the applicant submits that there is neither any direct nor circumstantial evidence on record against the applicant. His implication in the present case is based only upon suspicion. No incriminating article or material has been recovered either from the applicant's possession or on his pointing out. He lastly submits that the applicant, who has no reported criminal antecedents to his credit and is in jail since 22.11.2020, is entitled to be enlarged on bail during the pendency of the trial.
Per contra learned AGA opposed the prayer for bail and submitted that there is last seen evidence of Surendra Chaudhary, Rahul and Arjun against the applicant, who have stated in their statements that they had seen the present accused leaving the campus. Later on a knife was also recovered on the pointing out of the present accused and the deceased has died due to injuries inflicted by the knife. There are cogent evidence against the present accused, hence the bail application of the applicant is liable to be rejected.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, considering the statements of witnesses, considering the recovery of knife on the pointing out of the present accused, this Court is not inclined to enlarge the applicant on bail at this stage of trial.
However considering the peculiar facts and circumstances of the case the trial court is directed the conclude the trial of the applicant within a period of one year from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 23.12.2021 Faridul