Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38551 of 2021 Applicant :- Sumit Tomar Opposite Party :- State of U.P.
Counsel for Applicant :- Yashwant Pratap Singh Counsel for Opposite Party :- G.A.,Mohammad Belal
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 198 of 2021, under Sections 302, 201 IPC, Police Station - Bahadurgarh, District - Hapur with the prayer to enlarge the applicant on bail.
The allegation in the First Information Report is that the dead body of deceased Anil (complainant's son) was found in the sugarcane field of Mahendra in night at about 9:00 P.M. In the morning of 30.08.2021 at about 8:00 A.M. Anil went to the Santosh Electronic Shop at Bahadurgarh to work there and did not return home from shop in the evening. Then the complainant and his nearby residents started to search for him and after finding his dead body it was suspected that some unknown persons had murdered the deceased by cutting his neck and his dead body was thrown away in the sugarcane field. The matter was reported to the police.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is argued that the present applicant was not named in the FIR and the name of the present accused has surfaced on the information supplied by the police informer. The alleged recovery of darati, which is said to have been used in the commission of murder of the deceased Anil is totally fake and false as there is no public witness to the alleged recovery shown by the police. Lastly, it is argued that the applicant is in jail since 9.7.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer for bail. It is argued in opposition of the bail plea that the present accused was having illicit relations with the daughter of Pradeep, who was living in the house of deceased Anil and the present accused was seen coming from the place where the occurrence had taken place along with co-accused Mahendra. Mahendra was on the motorcycle of the present accused wearing vest (baniyan) and underwear as deposed by witness Deepak and deceased Anil was also seen going with the present accused towards the place of the occurrence wearing a helmet and was seen by witness Tikam Singh.
The learned counsel appearing for the complainant opposes the prayer for bail and submits that Pradeep was residing along with his daughter at the house of the deceased Anil and present accused Sumit Tomar was not able to meet the daughter of Pradeep that's why he committed murder of Anil (deceased).
After considering the submissions of learned counsel for the parties, considering the nature of allegation, considering the recovery of blood stained darati at the pointing out of the present accused, without expressing any opinion on the merits of the case, at this stage, prima facie, this Court does not think it a fit case to release the applicant on bail. His bail application is devoid of merit and is liable to be rejected.
Accordingly, the bail application is rejected. Order Date :- 24.12.2021 LBY