Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6089 of 2019 Applicant :- Varis Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.,Ram Badan Maurya Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submitted that the applicant has falsely been implicated in the present case. Maternal uncle of deceased has given the information to police station on 24.12.2018 regarding the death of victim mentioning that there is bleeding from his neck, subsequently, the F.I.R. has been lodged by the mother of victim blaming applicant for murder due to previous enmity and threat. It has further been submitted that the occurrence is based upon circumstantial evidence, hence, the applicant is entitled for bail.
Learned A.G.A. has opposed the prayer for bail. He has submitted that during his investigation the police has recorded the statement of eye-witness, Taslim Ahmad. The weapon used in murder has been recovered on the pointing of applicant.
F.I.R. indicates that there is penetrated wound (P.W.) on the body of deceased.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application of applicant-Varis involved in Case Crime No.216 of 2018, under Section 302 I.P.C., Police Station- Bhongaon, District-Mainpuri is hereby rejected at this stage.
It is directed to the court concerned to decide the case expeditiously considering the provision of Section 309 Cr.P.C. without granting any unnecessary adjournment, if there is no legal impediment.
A copy of this order be transmitted to the Court concerned for necessary compliance.
Order Date :- 26.11.2019//SK Goswami