Surendra Kumar and Another v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47652 of 2023 Applicant :- Surendra Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1Heard Sri Pradeep Kumar Yadav, learned counsel for the applicants and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

¶2This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants-Surendra Kumar and Muchkendra Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 146 of 2023, under Section 302, 201 I.P.C., Police Station Jasrana, District Firozabad.

¶3The first information report of the present matter was lodged on 27.03.2023 by Smt. Bharti Devi against the applicants alleging therein that her father Surendra Kumar the applicant no.1 and brother Muchkendra Kumar the applicant no.2 used to beat her mother Smt. Sunita. On 27.03.2023 at about 6 p.m. both the persons murdered her mother and burnt her in field which was seen by her chacha Hemendra who informed her and then the first information report has been lodged.

¶4Learned counsel for the applicants argued that the applicants have been falsely implicated in the present case. It is argued that the first informant has given an affidavit that on the saying of the villagers she has lodged a first information report. It is argued that the implication of the applicants in the present matter is false and without any credible evidence. The applicants have no criminal history as stated in para 6 and are in jail since 16.06.2023.

¶5Per contra, learned A.G.A. vehemently opposed the prayer for bail and argued that the applicant no.1 is the husband and the applicant no.2 is the son of the deceased. The first information report has been lodged by the daughter of the deceased. The witnesses in the matter also state of the same version as that of the first information report. It is argued that the prayer for bail be rejected.

¶6After having heard learned counsel for the parties and perusing the record, it is evident that the applicants are named in the first information report and have been assigned the role of murdering the mother of the informant and then burning her in the field. The dead body was also not recovered. There is no reason for false implication.

¶7Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. Order Date :- 8.11.2023 AS Rathore (Samit Gopal,J.) High Court of Judicature at Allahabad