Karan Kumar v. State of U.P

Reserved On:- 30.11.2023 Delivered On:-07.12.2023 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45154 of 2023 Applicant :- Karan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Yadvesh Yadav Counsel for Opposite Party :- G.A.,Kumar Ankit Srivastava Hon'ble Siddharth,J.

¶1Heard Sri Yadvesh Yadav, learned counsel for the applicant; Kumar Ankit Srivastava, learned counsel for informant and the learned A.G.A. for the State.

¶2The instant bail application has been filed on behalf of the applicant, Karan Kumar, with a prayer to release him on bail in Case Crime No. 132 of 2023, under Sections-364, 34, 147, 148, 201, 302 I.P.C., Police Station - Chaubeypur, District -Varanasi.

¶3There are allegations in FIR that named accused, namely, Dinesh, Rajesh, Pintu, Sahib, Golu and Shubham have caused the disappearance of the son of the informant, Rahul, aged about 22 years. On 09.04.2023, he had gone to place of his work at 7:00 am, but did not returned.

¶4Learned counsel for applicant has submitted that it is a case of false implication of the applicant. He was not named in the FIR nor in the statement of informant. Learned counsel for applicant has submitted that the dead body of deceased was recovered in the gunny bag from the river was in very bad condition and no FSL report is there to prove that it was the dead body of the deceased, Rahul. The applicant has been falsely implicated in this case. He is languishing in jail since 17.04.2023 and he has no criminal history to his credit.

¶5Learned AGA and learned counsel for informant have vehemently opposed the prayer for bail of the applicant and submitted that there are calls detail collected by the investigating officer which shows that all the accused persons were in touch with each other from 09.04.2023 to

10.04.2023. The motive for causing alleged offence was that the daughter of his brother, Dinesh, namely, Khusboo, was having relationship with the deceased, Rahul and despite all efforts deceased was not willing to part ways with Khusboo. The applicant in collusion with other co-accused conspired and caused alleged offence with common intention and also caused disappearance of dead body of the deceased, Rahul. They have submitted that there is clear evidence against the applicant that he talked to co-accused, Dinesh, on his mobile phone prior to causing of the alleged offence. Therefore, he does not deserves to be enlarged on bail.

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

¶7The 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.

¶8Registrar(Compliance) is directed to communicate this order to the concerned court below within ten days. Order Date :-07.12.2023. Abhishek High Court of Judicature at Allahabad