Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40026 of 2019 Applicant :- Prakash Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri R.K. Singh (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that dead body of a woman was found in the basement of the complainant-Dilip Jha that was identified as Mamta. According to postmortem report, six injuries were found on the body of the deceased. Cause of death was found asphyxia as a result of throttling. Hyoid bone of the deceased was found fractured. During investigation, it was found that applicant was the husband of the deceased and he killed the deceased.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case and is languishing in jail since 4.10.2018 (about eleven months). The applicant is not named in the F.I.R. Due to suspicion he has been falsely implicated in this case. There is no independent witness and in case he is released on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is main and alone accused in this case. Dead body was also taken by the applicant and main role to kill the deceased is assigned against the applicant and that was done because he had seen the deceased talking with Tuntun, son of the owner of the house and seen obscene message hence he killed the deceased. There is no chance of false implication of the applicant. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage in Case Crime No. 2596 of 2018, under Section 302, 201 I.P.C., Police Station Indirapuram, District Ghaziabad.
It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
D.M. & S.P./S.S.P,- Ghaziabad are directed to ensure the presence of the witnesses summoned before the court below.
Office is directed to send a copy of this order to D.M. & S.P./S.S.P,-Ghaziabad as well as to the court concerned within three days for compliance.
Order Date :- 26.9.2019 OP