Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7615 of 2018 Applicant :- Sunny Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the applicant has filed supplementary affidavit and learned A.G.A. has filed counter affidavit. Both the affidavits are taken on record.
This bail application has been moved seeking bail in Case Crime No.0341of 2017 under sections 363, 302 and 201 IPC, Police Station Manduadeeh, District Varanasi, during the pendency of trial.
As per FIR, the prosecution case is that on 7.6.2017 first informant, father of the deceased had lodged a report at the police station concerned that the deceased had gone out on 5.6.2017 at about 2.30 P.M. and thereafter he did not return. In pursuance to that the prosecution has collected evidence against the accused-applicant to the effect that at his pointing out the rope alleged to have been used to strangulating the deceased and the clothe as well as body of the deceased have been recovered.
The contention of the learned counsel for the applicant is the accused has been falsely implicated. There was no motive for accused to murder the deceased. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 15.7.2017. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has vehemently opposed the bail prayer of the applicant.
In view of the fact that the body of the deceased has been recovered at the pointing out of the present accused, this is not found to be a fit case for granting bail. The bail application is accordingly, rejected.
Order Date :- 29.3.2018 AU