Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44067 of 2019 Applicant :- Shyam Sunder @ Shyam Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Shantam Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Vijay Shantam, learned counsel for the applicant and Sri Amit Sinha, learned AGA for the State.
As per prosecution case, applicant was having illicit relation with the wife of the deceased, namely Pramod and on 6.2.2019, the applicant eliminated the deceased.
Counsel for the applicant submits that there is no legally admissible evidence against the applicant and the only piece of evidence is his extra judicial confession made before Yatendra. It has been argued that merely on the basis of extra judicial confession, the applicant cannot be implicated for committing the murder the deceased. Learned counsel further submits that similarly placed co-accused Smt. Pushpa wife of the deceased has already been granted bail by this Court.
Opposing the bail application, it has been argued by the State counsel that the prosecution has collected the call details, from which it is apparent that on the date of commission of offence, the applicant had frequent talk with the deceased. He further submits that in extra judicial confession, the applicant has categorically stated as to the manner in which the offence has been committed. It has been further argued that the case of co- accused is entirely on different footing.
Considering the evidence available on record, at this stage, I am not inclined to release the applicant on bail. His bail application is, accordingly, rejected.
Order Date :- 27.11.2019 RK/