Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34403 of 2019 Applicant :- Veerendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Krishna Kant Dixit, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Smt. Ladlee Pandey, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 11.2.2019 (after two days of incident) against four accused persons, namely Virendra, Narendra, Kalka and Ramkishun alleging that on 9.2.2019 they assaulted Smt. Chaurasiya with axe, she received one head injury, resultantly died. Axe used in this crime was recovered at the pointing out of co-accused Narendra, he stated that co-accused Veerendra assaulted her with axe, blood stained cloth was recovered from the possession of applicant. During investigation, it was found that deceased was issue-less and husband of deceased died on 22.5.2018 and on 9.2.2019 they killed her to grave the property of deceased. Name of accused Kalka was exonerated by Investigating Officer.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. Co-accused Ram Kishun has already been granted bail by this Court. There is no independent witness and no legal evidence against the applicant except the confessional statement of applicant and co-accused before the police personnels. Applicant residing at Banda. So-called recovery was falsely planted by the police to show his good work.
F.I.R. was lodged after two days of incident after thought and due legal consultation. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 12.2.2019 (near about six and half months) having no criminal history.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and submitted that applicant killed the deceased. The case of applicant is distinguishable from co-accused Kishun who has already been granted bail by this Court. Applicant killed his grand- mother to grave her property, hence there is strong motive against the applicant. Blood stained cloth was recovered from the possession of applicant. Trial is going on. Offence is grievous in nature. Hence, he is not entitled for bail.
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 second bail application of applicant Veerendra involved in Case Crime No. 34 of 2019, under Sections 302/34, 120-B IPC, P.S. Gazipur, District Fatehpur is hereby rejected at this stage.
It is expected from the court concerned to decide the case expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
A copy of this order be transmitted to the court concerned for necessary compliance.
Order Date :- 26.8.2019 A. Singh