Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13839 of 2021 Applicant :- Sabhajeet Opposite Party :- State of U.P.
Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard leaned counsel for the applicant, learned A.G.A. for the State-respondent and perused the material brought on record.
The present bail application has been filed by the applicant in S.T. No. 729/2020, case crime No. 158/2020, under Section 302 IPC, police station Biwanr, District Hamirpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that applicant is not named in F.I.R., which was lodged against unknown person and that there is no eye witness of alleged incident and that recovery of 'Baka' and blood-stained clothes is false and baseless and that there is no independent witness of alleged recovery. Similarly the alleged evidence that on the night of incident, applicant was seen near the house of deceased is also false and baseless and that applicant has no motive to commit the murder of deceased. It was further argued that the applicant is in judicial custody since 15.08.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
On the other hand, learned A.G.A. has opposed the prayer for bail and argued that the applicant is brother of first informant and there are no reasons that why first informant would make false statement against his own brother. It was further submitted that deceased lady was done to death brutally as she has sustained seven injuries on her person. It was pointed out that after incident, the dog squad of police was called at the spot and thereafter the dog of the police has led to the house of applicant and thereafter blood-stained clothes of applicant and one blood- stained 'Lota' were recovered from the house of applicant. Besides this, the witnesses, namely, Rameshwar, Vishwanath, Suresh and others have stated that on the night of incident applicant was seen coming and going near the house of deceased. Further, there was injury on the left hand of applicant and applicant has failed to explain the same. Recovery of 'Baka' used in the incident has also been recovered at pointing out of applicant.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Sabhajeet is rejected.
Order Date :- 30.9.2021 Anand