Sarvan v. State of U.P

Reserved On:- 30.10.2023

Delivered On:- 01.11.2023 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41007 of 2023 Applicant :- Sarvan Opposite Party :- State of U.P. Counsel for Applicant :- Pandey Balkrishna Counsel for Opposite Party :- G.A.,Manish Kumar Pathak Hon'ble Siddharth, J.

¶1Heard Sri Pandey Balkrishna, learned counsel for the applicant; Sri Manish Kumar Pathak, learned counsel for the informant and learned A.G.A for the State.

¶2The instant bail application has been filed on behalf of the applicant, Sarvan, with a prayer to release him on bail in Case Crime No. 74 of 2023, under Sections-302, 201 IPC, Police Station-Jever, District-Gautam Buddh Nagar.

¶3There is allegation in the FIR that the daughter of the informant was married to the applicant on 16.02.2010. One daughter and two sons aged about 9 years, 7 years and 6 years, were born to the deceased. On

03.04.2023 the elder daughter of the informant informed that the deceased is not in the house and is untraceable. She expressed apprehension that because of dispute with the applicant, he may have caused her murder and caused disappearance of her dead body.

¶4Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. After the information received regarding missing of the deceased, the N.D.R.F team carried out search of the body of deceased in river Yamuna but it was not traced. Thereafter the dead body of the deceased was allegedly recovered on the pointing out of the applicant in a gunny bag. The gunny bag was kept on the shore of river with the stones kept for preventing the cutting of river. He has submitted that the applicant has been falsely implicated on the basis of planted recovery of the dead body of the deceased.

¶5Learned A.G.A has opposed the bail application of the applicant

¶6This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage.

¶7The bail application is accordingly, rejected.

¶8The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order. Order Date :- 01.11.2023 Rohit High Court of Judicature at Allahabad