Sahil v. State of U.P

Reserved On:- 03.11.2023

Delivered On:- 07.11.2023 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44871 of 2023 Applicant :- Sahil Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth, J.

¶1Heard Sri Rajesh Kumar Singh, learned counsel for the applicant, Sri Kailash Prasad Pandey, learned counsel for the informant and the learned AGA for the State.

¶2The instant bail application has been filed on behalf of the applicant, Sahil, with a prayer to release him on bail in Case Crime No. 95 of 2023, under Sections-302, 201, 34 IPC, Police Station-Mahavan, District-Mathura.

¶3There is allegation in the FIR that on 27.04.2023 at about 05:30 p.m son of informant, Shamim, aged about 22 years had gone from the house but when he did not returned late in the night his search was made but nothing could be known about him. On 29.04.2023 on the information of recovery of an unclaimed dead body, son of applicant was identified in mortuary by informant and last rites were performed. FIR was lodged on

01.05.2023 against unknown accused.

¶4Learned counsel for the informant submits that in initial statement of informant no one was named. The brother of deceased, Monu, stated that on 01.05.2023 he saw the deceased standing with accused persons in drunken state. In the second statement of informant he has adopted the facts stated in the statement of his son, Monu. Three persons including applicant were arrested on 02.05.2023. In the post-mortem report of deceased cause of his death was found to be asphyxia as a result of strangulation. In the confessional statement of co-accused, Shiva @ Mohd. Umar, recorded on 02.05.2023 he has admitted commission of alleged crime and has named the applicant. Counsel for applicant has submitted that statement of co-accused cannot be read against applicant. Further six months ago a dispute took place between the family of co-accused and informant and they were challaned under Section 107/116 Cr.P.C. He has submitted that except the extra-judicial confession of co-accused, Shiva @ Mohd. Umar. There is nothing against applicant. Being friend of co-accused, Shiva @ Mohd. Umar, he has been falsely implicated. Applicant has been falsely implicated in this case and is in jail since 02.05.2023.

¶5Learned counsel for informant has vehemently opposed the bail application and has submitted that investigating officer has collected the call details of applicant, deceased and co-accused persons. The relevant C.D has been brought on record which shows that co-accused, Arbaz, had talked to applicant on 27.04.2023 between 13.49.02 hours to 21.21.11 hours. Mobile phone of deceased was working till 19.57.06 hours and thereafter its stopped responding. Co-accused, Arbaz, had talked with applicant, Sahil and Shiva @ Mohd. Umar, also on the date of incident at about time when deceased left his house.

¶6Learned A.G.A has filed counter affidavit and has brought on record the statement of the wife of deceased, Heena Parveen, wherein she has stated that co-accused, Arbaz, Shiva @ Mohd. Umar and Sahil, had dispute with deceased regarding money of gutkha prior to the incident in dispute. On the date of incident deceased was taken by applicant and co-accused on the pretext of taking him to dinner but thereafter he was murdered. Her brother-in-law, Monu, and other villagers have seen the deceased in the company of accused persons.

¶7After hearing the rival contentions, this Court does not finds any ground for granting bail to the applicant at this stage.

¶8The bail application is accordingly, rejected.

¶9The 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 :- 07.11.2023 Rohit High Court of Judicature at Allahabad