Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38624 of 2021 Applicant :- Raju Singh Parihar @ Tilak Singh @ Lalaram @ Rambhajan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.,Islam Ahmad
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Islam Ahmad, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 0025 of 2017, under Sections 302 and 201 I.P.C., P.S. Madhogarh, district-Jhansi and is in jail since 19.10.2013, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant about the death of his son Imran Khan, who had gone from his house on17.2.2017 after telling her wife that he is going to Orai. In the same evening he informed his wife on telephone that he will come tomorrow morning as as his work could not be done. When he did not return till 18.2.2017, then a search was launched. It was also alleged that the complainant had received an information on 19.2.2017 that an unknown dead body is lying in the mortuary and after reaching mortuary he identified the dead body as of his son Imran.
Learned counsel for the applicant submits that the applicant was not named in the first information report. There is no direct evidence against the applicant. His implication in the present case is based only upon the statement of his own mother-in-law, which was recorded by the police on 20.3.2017 during investigation, which is totally untrustworthy. Further submission is that other co-accused Sadhana Singh, who is the wife of present accused has already been enlarged on bail by another Bench of this court vide order dated 16.12.2021 passed in Criminal Misc. Bail Application No. 38908 of 2021. He lastly submits that the applicant, who has no criminal antecedents to his credit and he is in jail since 22.6.2021, is entitled to be enlarged on bail during pendency of the trial.
Per contra, Sri Islam Ahmad, learned counsel for the informant, as well as learned AGA have opposed the prayer for bail and submitted that name of the present accused surfaced during investigation in the statement of his own mother-in-law. The deceased was assaulted by the present accused with hammer, which was allegedly shown recovered on the pointing out of the present accused. Further submission is that the present accused has also committed the murder of a driver in Rajasthan after looting the car and in that case he was in jail for several years in Jaunpur jail, hence the applicant's prayer for bail at this stage is liable to be rejected.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, considering that active role was played by the applicant, considering that he was also involved in a case, in which he looted a car and carried the same to his house when he was returning from Rajasthan, this Court is not inclined to enlarge the applicant on bail at this stage of trial.
However considering the peculiar facts and circumstances of the case the trial court is directed the conclude the trial of the applicant within a period of six months from the date of production of certified copy of this order without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Subject to aforesaid direction, this bail application stands finally disposed of.
Order Date :- 24.12.2021 Faridul