Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46300 of 2019 Applicant :- Rahul Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Wajid Ali Counsel for Opposite Party :- G.A.,Smt Kamla Singh
Hon'ble Yashwant Varma,J.
Heard Sri Syed Wajid Ali, learned counsel for the applicant, Smt. Kamala Singh, learned Advocate, who has entered appearance on behalf of the complainant/informant, Sri Rajesh Kumar Mishra, the learned Brief Holder for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 207 of 2019, under Sections 302, 201 I.P.C., Police Station Iglas, District- Aligarh with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, it becomes relevant to note that the case set forth is that the deceased went along with Nishu on 2 May 2019. Nishu has slated to be married to the applicant on 12 May 2019. On 3 May 2019, the informant and others are stated to have travelled to Agra from where she was brought back. There is no recital either in the F.I.R. or in any other statement recorded during the course of investigation with respect to the whereabouts of the deceased at that time. On 5 May 2019, a panchayat is stated to have been held in which the family of the deceased offered a sum of Rs.1,30,000/- to the family of Nishu and others. There is a reference to this panchayat in the extract of the case diary which has been placed at page -52 of the paper book. That extract of the case diary also refers to the informants asking the other side of the whereabouts of their brother who are then told that he would be returned after 12 days. Upon the body of the deceased being recovered on 20 May 2019 a post mortem was conducted in which it has come to be recorded that the death occurred 10-14 days before. The body is also stated to have been received in the post mortem house in a decomposed state. The applicant however refers to the missing report stated to have been lodged and information provided to the police. Reference, in this respect, is made to the extract of the case diary appended along with the Rejoinder Affidavit from which it is sought to be highlighted that the informant had apprised the police authorities of a conversation between the deceased and one Harendra on 16 May 2019. On that basis it was contended that if the deceased were alive on 16 May 2019 and had in fact spoken to his relatives, the post mortem report was clearly belied. The Court has also been apprised of the case diary extracts appended at page 22 of the Counter Affidavit which has come to record that the phone details as collected placed both the deceased as well as the accused at P.S. Naujheel.
Presently, for the purposes of evaluating the prayer for bail, the Court notes that the only inconsistency which is pointed out, is with respect to the recitals appearing in the missing report which alludes to a phone call which is stated to have been placed by one Harendra to the deceased on 16 May 2019. It is this aspect alone which appears to operate in favour of the case set forth by the applicant seeking enlargment on bail. However, the Court while weighing the totality of the circumstances, takes into consideration that on the day when Nishu was brought back, the whereabouts of the deceased was not known and he was not at least stated to be present at the time when Nishu was recovered. The Court also bears in mind that the prosecution appears to ascribe a strong motive to the applicant who was slated to marry Nishu on 12 May 2019. If the prosecution case be taken as correct, the crime in question would clearly fall within the genre of an honour killing. Additionally, the Court bears in mind the call details collected which placed both the deceased and the accused in the jurisdiction of the same police station. The proceedings taken before the panchayat also appears to strongly operate against the applicant. Consequently, on an overall conspectus of the aforesaid facts, the Court finds no ground to enlarge the applicant on bail.
The Bail Application is consequently rejected.
Order Date :- 28.11.2019 Arun K. Singh (Yashwant Varma, J.)