Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41371 of 2018 Applicant :- Rakesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Kumar Chaubey,Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The present bail application has been filed by the applicant in Case Crime No. 06 of 2018, under Section 302 IPC, P.S. Madhotanda, District Pilibhit.
Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and he has not committed any offence as alleged in the F.I.R. The wife of applicant, namely, Shakti Devi, who is mentally disturbed, has left her house on 24.12.2017 at about 8 A.M. without informing the applicant as well as his family members. The applicant and his family members started searching her, but she was not found. The applicant has informed the S.H.O., Police Station Madhotanda, District Pilibhit vide letter dated 24.12.2017 and he has also given formal letter of missing of his wife to the Chowki Incharge, Shahganj. Learned counsel for the applicant submitted that there is no credible evidence of murder of deceased against the applicant. The applicant's wife was missing since 24.12.2017 and her dead body was recovered on 31.12.2017. The F.I.R. was lodged after ten days on 09.01.2018 without explaining the delay. Lastly, it has been submitted that the applicant has no previous criminal history to his credit and he is languishing in jail since 23.07.2018.
Per-contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant by submitting that the applicant is named in the F.I.R.; statement of prosecution witnesses recorded under Section 161 Cr.P.C. shows that the deceased was harassed by the applicant as well as by his family members. Learned A.G.A. has further drawn the attention of this Court to the letter given by the applicant to S.H.O., Police Station Madhotanda, District Pilibhit on 24.12.2017 and letter of the same date to the Chowki Incharge, Shahganj; in which versions are different and these two letters have never been received by the Police Station as well as by the Police Chowki, as mentioned in the impugned order dated 24.09.2018, by which the bail application of the applicant was rejected by the court below.
I have heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
The weapon used in the crime has been recovered on the pointing out of the applicant. The version of the F.I.R. as well as the version of the statement made by witnesses under Section 161 Cr.P.C. are corroborative to each other. I do not agree with the argument raised by learned counsel for the applicant that there is only one stab wound on the body of the deceased, therefore, there is no intention to kill the deceased.
Considering the aforesaid facts and circumstances of the case, the nature of allegations, the gravity of offence, this Court without expressing any opinion on merits, does not find it to be a fit case for bail at this stage.
The bail application is accordingly dismissed.
The trial court is directed to make all possible efforts to decide the trial expeditiously, if possible, within a period of six months from the date of production of certified copy of this order.
Order Date :- 31.10.2018 NS