Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31977 of 2018 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Mohan,Devendra Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 182 of 2018, under Section 302, 506 I.P.C., P.S.- Devband, District- Saharanpur, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and he has been falsely implicated in the present case due to previous enmity with the informant's family. He next submitted that there is neither any direct nor circumstantial evidence on record indicating at the applicant's complicity in the crime in question. No incriminating article has been recovered either from the possession of or on the pointing out of the applicant. He lastly submitted that the applicant who has no criminal antecedents to his credit and is in jail since 05.03.2018, is entitled to be released on bail during the pendency of the trial.
Per contra learned A.G.A. opposed the prayer for bail and submitted that the F.I.R. of the incident was lodged by the mother of the deceased on the basis of the information tendered to her by the deceased herself before she breathed her last, that the applicant had forcibly administered poison to her and under the circumstances of the case, statement made by the deceased before her mother is liable to be treated as her dying declaration. In view of the above, the applicant is not entitled to be released on bail.
After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, I am not inclined to enlarge the applicant on bail at this stage of trial.
The prayer for bail is refused.
Accordingly, the bail application is rejected at this stage.
Order Date :- 24.8.2018 KS