Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37338 of 2019 Applicant :- Rohit Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Shankar Kaithal,Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Beerendra Singh Pal and Sri M.K. Kesarwani, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged by village chaukidar on 16.4.2019 against unknown person alleging that on 14.4.2019, Lali @ Kamni aged about 19 years (daughter of Ramsajiwan) was killed by her family members. According to postmortem report, cause of death was found throttling and hyoid bone was found fractured. Lower and underwear of deceased were sent for expert report and according to expert report, human blood and sperm were found. During investigation, the name of applicant was surfaced. Statement of one witness Smt. Archana was recorded, she specifically stated that in absence of family members of Lali (deceased), accused Rohit entered in the house of Lali seen by Ashish, Chhaya, Kapil and brother of Dipika. Later on, Lali @ Kamni was found dead after rape. One F.I.R. was also lodged for the offence under Section 376 IPC against the applicant on 17.4.2019 by father of deceased.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation. There is no independent witness and no legal evidence against the applicant. Nothing was recovered at the pointing out of applicant. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 18.4.2019 (near about five and half months) having no criminal history.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and submitted that statement of one witness Smt. Archana was recorded, she specifically stated that in absence of family members of Lali (deceased), accused Rohit entered in the house of Lali seen by Ashish, Chhaya, Kapil and brother of Dipika. Applicant killed the deceased after rape. There is no chance of false implication. Trial is going on. Hence, he is not entitled for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence the bail application of applicant Rohit involved in S.S.T. No. 91 of 2019 arising out of Case Crime No. 82 of 2019, under Sections 376, 302 IPC and 4 POCSO Act, P.S. Shivrajpur, District Kanpur Nagar is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 30.9.2019 A. Singh
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37338 of 2019 Applicant :- Rohit Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Shankar Kaithal,Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Affidavit of compliance filed today is taken on record.
In compliance of order dated 19.9.2019, Anand Dev, Senior Superintendent of Police, Kanpur Nagar has filed his personnel affidavit stating therein that an inquiry was conducted against erring officials and warned for future.
Explanation is satisfactory.
It is expected that he will take care in future. No further action is required.
Order Date :- 30.9.2019 A. Singh