Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41354 of 2018 Applicant :- Saleem Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Bhushan Upadhyay,Narendra Deo Upahdayay Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
This bail application has been preferred by the accused-applicant, Saleem, who is involved in Case Crime No. 63 of 2018, under Section 302/34 I.P.C. P.S.- Nagal, District- Bijnor.
Learned counsel appearing on behalf of the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the incident in question has taken place on 30.4.2018 and FIR of the said incident has been lodged by brother of the deceased on 1.5.2018 alleging therein that one Mukesh and Guddu have killed the deceased when the deceased was irrigating his field. Learned counsel submits that after a lapse of one month on 31.05.2018 wife of the deceased come into picture by submitting an application before the Superintendent of Police on 31.05.2018 by claiming herself eye-witness of the incident in question and stating therein that Guddu and Mukesh have been wrongly implicated in the present case and the crime in question has been committed by the applicant and his father Sabbir @ Patwari, his uncle Khurshid and one Aslam. Learned counsel submits that on the basis of said application, the real accused of the case have been exonerated and applicant and his family members were implicated in the same. Learned counsel further submits that there is no plausible explanation to the delay in filing such a application before the police authorities. Learned counsel submits that the Investigating Officer has not recorded the statement of witnesses under Section 164 Cr.P.C. Learned counsel lastly submits that there is no early prospect of conclusion of trial, as such, the applicant, who is in jail since 11.08.2018, having no criminal history to his credit, deserves to be released on bail.
Per-contra learned AGA and learned counsel for the complainant have vehemently opposed the prayer for grant of bail to the applicant by submitting that the applicant has committed the murder of the deceased in a brutal manner by giving the blows of knife and the said fact is corroborated by the postmortem report wherein it has been mentioned that 8 incised wounds were found on the different parts of the body of the deceased. He further submits that on pointing out of applicant the weapon of assault has also been recovered by the police, as such, no relief should be granted by this Court.
I have heard learned counsel for the applicant, learned counsel for the complainant Mohd. Afzal as well as learned AGA and perused the record.
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 stands rejected at this stage.
Present bail application is dismissed, accordingly.
Order Date :- 31.10.2018 Shekhar [Chandra Dhari Singh, J.]