Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32642 of 2019 Applicant :- Sonu @ Jhamman Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Chandra Uttam Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that on 22.3.2019, he killed Manish aged about 18 years (son of complainant) by throttling. According to postmortem report, cause of death was found asphyxia due to strangulation and hyoid bone was found fractured.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the 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 23.3.2019 (near about five months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and submitted that applicant killed the deceased by throttling. According to postmortem report, cause of death was found asphyxia due to strangulation and hyoid bone was found fractured. Applicant is single accused in this case. 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 Sonu @ Jhamman involved in Session Trial No. 298 of 2019 as well as Case Crime No. 54 of 2019, under Sections 302, 504 IPC, P.S. Sureer, District Mathura is hereby rejected.
Order Date :- 21.8.2019 A. Singh