Sri Anil Kumar Srivastava, Senior Advocate assisted by Sri Sanjeev Kumar Asthana, learned counsel for the applicant and learned AGA for the State are present.
Sri Deepak Dubey, learned counsel on behalf of the first informant is present and submits that his name has not been published in the cause list but he is ready to argue the case.
This bail application on behalf of the applicant namely Vipul Kumar Patel in connection with Case Crime No. 133 of 2020, under Sections 302 and 201 IPC, P.S. Mursan, District Hathras.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is further submitted that there is no direct evidence nor any eye witness account on the basis of which the applicant could have been implicated. It is further submitted that the only evidence is the confessional statement of the applicant himself, which was made to the police and on his pointing out the dead body was recovered and a country made pistol, which was used in the commission of the crime was also recovered. It is next submitted that everything was planted and when the dead body and pistol was already recovered by the police, the case was manipulated against him. It is further submitted that accused applicant has no criminal history and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 24.2.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for bail and submitted that on the basis of information received from a police informer the applicant was intercepted by the police while he was standing out side his house. He made a confessional statement to the police and narrated the complete facts of the commission of the offence. It is further submitted that there was motive with the applicant to cause death of the deceased. It is also submitted that on the basis of the confessional statement on the pointing out of the applicant the dead body of the deceased was recovered from the field of applicant himself and he had made a confessional statement that he buried in the dead body in his field. Moreover, on his pointing a country made pistol was also recovered. It has also been submitted that prior to this, the statement of the witness was recorded by the police who made statement that on the relevant time the applicant asked spade from him that his spade has been recovered on the pointing of the applicant. It is further submitted that from the house of the applicant his blood stained cloths, which were kept in bathroom in a bucket was also recovered and same has been sent for chemical examination. Further submission is that the fact of recovery of body on the pointing out of the applicant is a huge fact and decisive of the culpability of the applicant.
Considering the submission of both sides, it is true that the case is totally based on circumstantial evidence and confessional statement, which led to recovery of dead body and other incriminating material and the dead body was recovered from the field of the applicant himself. The recovery is a huge evidence as this recovery is not an ordinary incriminating material but of the dead body of the deceased which was as per confessional statement of the applicant buried by him in his own field. The recovery of the dead body on his pointing from the field of the applicant is a circumstance which gives a conclusive inference with regard to the culpability and guilt of the applicant.
In view of the submission and facts and circumstances of the case, I do not find any reason for allowing the bail application, therefore, the bail application of the applicant Vipul Kumar Patel is rejected, at this stage.
Order Date :- 20.1.2021 Mini