Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7325 of 2018 Applicant :- Sharuf Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This bail application has been moved seeking bail in Case Crime No.278 of 2017 under sections 302, 201, 394, 404, 411 120B I.P.C., Police Station Jewar, District Gautambudh Nagar, during the pendency of trial.
The contention of the learned counsel for the applicant is that the applicant has been falsely implicated. Call details which have been gathered by the Investigating Officer relate to talk between co-accused Jafru and deceased and not with the applicant. The 19 tyres which belonged to the consignment have not been recovered by the police. The mobile phone of the deceased could not be recovered by the police so far. He was a labourer, who was engaged to unload the consignment from the truck at the destination. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 22.6.2017. In case the applicant is released on bail he will not misuse the liberty of bail.
On the other hand, learned A.G.A. opposed the bail prayer of the applicant by saying that the first information report in this case was registered on 21.6.2017, when S.I. Dilip Kumar was informed by a by-passer that he had seen a dead body of an unknown person at 16.30 hrs. on the said date. While inquest was going on, a phone call was received by someone from Mahavir Transporter informing the police that his driver who had gone with consignment was missing and it could be possible that the dead body may be of that driver. Subsequently, the dead body was identified to be that of the said driver. At the instance of the present accused as well as co-accused, personal belongings including Adhar card also have been recovered by the police. The present accused along with co-accused were also arrested by the police on an information received from an informer regarding the truck being taken away for sale of the articles which were loaded on the said truck. The entire consignment of tyres which is a huge quantity was recovered from the said truck by which the accused along with co-accused were travelled.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
In the light of the above arguments, though it is not a case of direct evidence, but the evidence on record deeply points towards the fact that there could be strong possibility of the present accused being involved in this crime, without expressing any opinion on the merits of the case, it is not found to be a fit case for bail.
The bail application is accordingly rejected.
The trial court is directed to expedite the trial in this case and shall make endeavour to decide it, if possible within one year.
Order Date :- 27.2.2018 AU