Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33046 of 2021 Applicant :- Sukhendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sachin Mishra,Anshu Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Sukhendra Singh, in Case Crime No. 10 of 2021, under Section-302 and 304 I.P.C. Police Station-Rajepur, District- Fatehgarh/Farrukhabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 11.01.2021; he is of no criminal antecedent; occurrence was said to be of 08.01.2021 and report was got lodged on 09.01.2021 at 13.23 p.m.; it was a delayed report; no statement of deceased is there; police had rushed upon information through Dial 112; as per First Information Report this information was received on 08.01.2021 itself, but no recovery of any cell phone is there; no connecting evidence is there; charge-sheet has been filed; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail; hence bail has been prayed for.
Learned AGA has vehemently opposed bail.
Having heard learned counsel for both the parties, gone through the material placed on record it is apparent that First Information Report was got lodged on 09.01.2021 at 19.30 p.m., but it has been written in it that the information was received in the evening of 08.01.2021 and instantly deceased has informed about giving firm arm shot by the applicant and one other to the informant; informant and other rushed at spot; police too, was there on the basis of information given at Dial 112; injured was instantly taken to Hospital, from where to specialized centre and from where he was referred to P.G.I. Saifai, but he died during taking, then after the dead body was got back from Ram Mahohar Lohia Hospital and after coming to Police Station this report was got lodged, meaning thereby it was an instant report and it was an statement made by the deceased himself to informant about the incident; the death of deceased was within close proximity of time and the death is owing to through and through fire arm shot; entry wound corresponding to exit wound over the abdomen of the deceased.
Considering the facts and circumstances of the case, heinousness of offence of murder, nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, no ground for bail is there.
Accordingly, rejected.
Order Date :- 28.10.2021 Deepak/ Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.28 12:52:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad