Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17878 of 2019 Applicant :- Pahal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Supplementary affidavit filed on behalf of the applicant, be taken on record.
This bail application has been moved on behalf of the applicant Pahal Singh who is involved in Case Crime No. 104 of 2018, under sections 302, 201 IPC, P.S. Bhopa, District Muzaffar Nagar.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is husband of the deceased. The FIR of the alleged incident was lodged against six persons including the applicant making general allegation by informant Jagner alleging therein that the applicant and other co-accused have committed the murder of the deceased and cremated her dead body to save themselves. It has further been mentioned that the murder of the deceased has been committed making allegation upon her character. It has further been submitted that the deceased died due to heart- attack. At the time of her cremation villagers and family members of the deceased were also present. The FIR of the alleged incident was lodged against the applicant due to village party-bandi. It has further been submitted that during the trial the statement of informant Jagner has been recorded as P.W. 1 before the trial court in which he has not supported the prosecution version and has been declared hostile. There is no direct evidence against the applicant. The applicant has no criminal history and is in jail since 21.2.2018.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that the applicant is husband of the deceased. In FIR it has been mentioned that the applicant and other co-accused have committed the murder of the deceased making allegation upon her character. In first information report it has been mentioned that after committing the murder of the deceased her dead body was cremated. The deceased died in the house of the applicant. No explanation has been given with regard to the death of the deceased by the applicant. The applicant is husband of the deceased who is more responsible for her safety and security. therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant Pahal Singh is hereby refused and the bail application is rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of one year from the date of the production of the certified copy of this order, if there is no legal impediment.
Order Date :- 29.4.2019 A.