Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47740 of 2020 Applicant :- Narain Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Kumar Singh Rajawat Counsel for Opposite Party :- G.A.,Joun Abbas,Saif Naseem,Sayyed Kashif Abbas Rizvi
Hon'ble Ali Zamin,J.
Heard Sri Sarvesh Kumar, Advocate holding brief of Sri S.K.Singh Rajawat, learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the informant and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.19 of 2020, under Section 302 IPC, P.S., Tehrauli, District Jhansi.
Learned counsel for the applicant submits that as per FIR, deceased Bharti @ Gaate Wali aged about 45 years was living alone and was murdered in the night of 10/11.02.2020 and applicant's shirt, shawl, sleepers and torn Passbook were recovered from the house of the deceased. He further submits that as per prosecution, neighbours and villagers told that on the day of incident applicant had come at the house of deceased. He also submits that on the basis of allegation of illicit relation applicant has been implicated in the case. The case is based on circumstantial evidence. He next submits that there is no reason to commit murder of the deceased being his concubine (Rakhail). As per statement of Chaman Lal, Jeth of deceased applicant was seen entering into the house of the deceased between 5.30 p.m. to 6.00 p.m. on 10.02.2020. He next submits that as per statement of the witnesses, both applicant and deceased used to take liquor together and it is probable that Chaman Lal could not bear the relation and having misunderstanding that deceased may execute/transfer her land in favour of applicant that is why he himself caused the incident and falsely implicated the applicant. He further submits that as per prosecution, incident has been caused by a piece of wood but piece of wood has not been sent for forensic report. Applicant has no criminal history. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 15.02.2020.
Per contra, learned A.G.A.as well as learned counsel for the informant have opposed the bail prayer of the applicant by submitting that applicant and deceased had illicit relation. He used to visit the deceased. Deceased having illicit relation with the applicant, deceased insisted for court marriage and for getting rid of ignominy he caused the incident. Smt. Urmila, who is neighbour of the deceased used to call the deceased and in the morning of the incident when she called her she got no response. The witness Chaman Lal has also witnessed the applicant while entering into the house of the deceased and as per rejection order, witness Brijlal also witnessed the applicant coming out of the house of the deceased between 2.00 to 3.00 a.m.. Applicant's shirt, shawl, sleepers and passbook have been recovered from the house of the deceased. So far as contention of sending wooden piece for forensic report is concerned, only contused injuries have been found so it was not required to send it for forensic report. From the evidence and circumstances of the case it becomes clear that it is the applicant who committed murder of the deceased.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, evidence of entering into and coming out of the applicant from the house of the deceased, recovery of shirt, shawl, sleepers and passbook of applicant from the house of the deceased and also perusing the material on record, without expressing any opinion on merit of the case, I do not find a fit case for bail.
Consequently, the prayer for bail of the applicant Narain is hereby refused and the bail application is rejected.
Order Date :- 25.10.2021 MAA/-