Ramkumar v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10607 of 2023 Applicant :- Ramkumar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.,Sharad Chand,Sharad Chand Rai Hon'ble Sameer Jain,J.

¶1Heard Sri Sunil Kumar Dwivedi, learned counsel for the applicant, Sri Vivek Kumar, Advocate, holding brief of Sri Sharad Chand Rai, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 345 of 2022, under Sections 147, 302, 506, 201, 34 IPC, Police Station-Jahangirabad, District-Bulandshahar, during pendency of the trial in the court below.

¶3FIR of the present case was lodged against applicant and five others and according to the FIR, on 06.07.2022 co-accused Mukesh and Sanjeev has taken the sister of the informant to her 'sasural' and when informant made a query about his sister then applicant and other accused persons stated that they have committed her murder.

¶4Learned counsel for the applicant submitted that on the basis of suspicion, applicant has been made accused in the FIR of the present case and it is alleged that when he was arrested then he confessed his guilt and on his pointing out the dead body of the deceased was recovered from sugarcane filed after digging the earth but recovery of the dead body is totally false and planted one and actually dead body had been recovered earlier and subsequently as applicant has already been made accused in the FIR on the basis of suspicion, therefore, it has been shown to be recovered on the pointing out of the applicant.

¶5He further submitted that applicant is not having any criminal history and he is in jail since 18.07.2022.

¶6Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that on the pointing out of the applicant, dead body of the deceased was recovered after digging the earth and therefore, at this stage, it cannot be said that applicant did not involve in commission of the present crime, therefore, he does not deserve bail.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8Considering the fact that on the pointing out of the applicant, dead body of the deceased was recovered after digging the earth and this evidence is very clinching evidence and at this stage, prima facie, it appears that applicant participated the incident, in my view, applicant is not entitled to be released on bail.

¶9Accordingly, the instant bail application is rejected.

¶10It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 12.10.2023 KK Patel High Court of Judicature at Allahabad