Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33534 of 2019 Applicant :- Rashmi Rana Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for applicant, learned AGA for State and perused the materials available on record.
Accused-applicant, involved in Case Crime No.
464 of 2018, under Sections 304, 120B IPC, Police Station Kavinagar, District Ghaziabad, applied for bail.
Learned counsel for the applicant submits in following manner that :-
(i) Accused-applicant is innocent and has been falsely implicated in the present case; he has committed no offence.
(ii) Informant is not an eye-witness; nobody has seen the accused-applicant committing murder of deceased. As per post mortem report, all the 12 injuries, found on the person of deceased, are incised wound and it can only be occurred by some sharp cut weapon. Rod is recovered from the house of the deceased and the said rod is said to have been used in the commission of offence, thus, medical evidence does not go with the prosecution case.
(iii) Applicant is an unmarried girl and due to harassment of his father and mother, she was living with her teacher, due to which, she was falsely implicated. Statement of Rubi is tutored one.
(iv) Applicant is in Jail since 03.04.2018 having no credible evidence and no criminal history.
(v) There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail and submitted that applicant is named in the FIR, his real younger sister Km. Rubi supported the prosecution case and has given the statement against the accused-applicant.
Considering the entire facts and circumstances of the case, rival contentions of learned counsel for the parties, manner in which incident took place and seriousness of allegations levelled against the applicant, applicant deserves no bail.
Accordingly, the present bail application is hereby rejected.
Accused-applicant is at liberty to file second bail application after recording the entire witnesses of fact.
Order Date :- 16.12.2021 Akram