Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48414 of 2019 Applicant :- Milan Opposite Party :- State of U.P.
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.,Ashok Kumar Gupta,Brijesh Kumar Srivastava Hon'ble Samit Gopal,J.
Heard Sri Mithilesh Kumar Shukla, learned counsel for the applicant, Sri Ashok Kumar Gupta, learned counsel for the first informant and Sri V.B. Upadhyay, learned A.G.A. for the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Milan, seeking enlargement on bail involved in Case Crime No. 654 of 2018, under Sections 147, 302, 364, 201, 120-B I.P.C. (S.T. No. 689 of 2018), registered at P.S. Etmaddaula, District Agra.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the present case is a case of circumstantial evidence in which two evidences have been brought forward against the applicant which are for taking away of the deceased on 01.08.2018 and the second evidence is the extra-judicial confession of the applicant to the first informant on the next day subsequent to which the dead body was recovered from the place where the applicant had stated to have thrown away after murder. It is argued that the said two evidences are insufficient in a case of circumstantial evidence to implicate the applicant. It is further argued that the applicant has no criminal history as stated in para 22 and is in jail since 03.08.2018.
Per contra learned A.G.A vehemently opposed the prayer for bail and argued that the deceased was taken away by the applicant on 01.08.2018 and on the next day his dead body was recovered from the place which he had told the first informant while giving his extra-judicial confession to her. It is further argued that the cause of death was shock and haemorrhage as a result of anti-mortem injury which was incised wound on the front of neck having larynx and trachea lacerated and head injury. It is argued that the bail application be rejected.
Looking to the facts and circumstances of the case,I do not find it a fit case bail, hence, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 AS Rathore (Samit Gopal,J.)