Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12164 of 2019 Applicant :- Suraj Gond Opposite Party :- State Of U.P.
Counsel for Applicant :- Aditiya Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit on behalf of the State filed in Court today, is taken on record.
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. 204/2018 under Sections 302, 201 IPC police station Salempur, District Deoria with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive; that merely it was alleged against the applicant that he used to talk with the deceased on phone; that supplementary statement of the complainant was recorded after about five months of the incident and thereby a new version was introduced; that as per postmortem report of the deceased, it was found that some of the injuries sustained by the deceased might have been caused by some wild animals and the viscera was preserved for chemical examination; that there is no judicially admissible evidence against the applicant and he is in judicial custody since 29.01.2019 and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that it is a case in which a young girl aged 13 years have been brutally murdered and the applicant has been named in the FIR.
After hearing the learned counsel for the parties and after perusing the averments as contained in the present bail application and also looking into the seriousness of the allegations as made in the FIR, gravity of the offence and severity of the punishment and also considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the application for bail is rejected.
Order Date :- 30.5.2019 Anand