Allahabad High Court
Dheeraj vs State Of U.P. on 17 August, 2021
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18201 of 2021 Applicant :- Dheeraj Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Brajesh Kumar Solanki, learned counsel for the applicant, Sri B.B. Upadhyay, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Dheeraj, seeking enlargement on bail during trial in connection with Case Crime No. 25 of 2021, under Section 302 I.P.C., registered at P.S. Usawan, District Budaun.
Learned counsel for the applicant argued that the applicant is not named in the F.I.R. which has been registered against unknown persons by the wife of the deceased. It is argued that the applicant is a witness of the inquest and his name appears at serial no. 4 in the list of witnesses therein. It is argued that as per the F.I.R. the deceased went to his field on 10.2.2021 at about 6.00 P.M. after which he was found dead and the F.I.R. was registered on 11.2.2021 at 00:45 hours by his wife. Later on 12.2.2021 three eye witnesses namely Rajeev Kumar, Nikhil Kumar and Pintu surfaced who have stated that they saw the applicant murdering the deceased.
It is argued that the disclosure of the eye witnesses about implication of the applicant in the present case is after two days of the incident and as such is not trustworthy at all. Learned counsel has placed para-12 of the affidavit in support of bail application and has argued that the boundary of the field of the alleged eye witness Rajeev Kumar's tube well is the boundary of the field of the deceased and on 10.2.2021 at about 7.00 P.M. there was some dispute between them and it appears that due to the said enmity the eye witnesses have as an afterthought and with deliberations named the applicant as an accused in the murder. It is argued that the applicant has been falsely implicated in the case.The applicant is in jail since 16.2.2021 having no bad antecedent as stated in para-15 of the affidavit.
Per contra, learned A.G.A. opposed the prayer for bail and argued that the applicant is the brother of the deceased Neeraj. It is argued that as per own showing in para-12 of the affidavit hot talks took place between the deceased and the witness Rajeev Kumar and the applicant was not involved in any manner in the same. It is argued that the said three persons are natural eye witnesses and they deposed about their presence in their field which is a natural conduct. It is argued that even the version of the said three eye witnesses corroborates with the medical evidence.
After having heard learned counsels for the parties and perusing the record, it is apparent that in the present case there are three eye witnesses. The applicant is the brother of the deceased. He has been assigned the role of strangulating his brother.
Looking to fact and circumstances of the case, nature of evidence and gravity of offence, I do not find it a fit case to release the applicant on bail.
Accordingly, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.8.2021 Naresh (Samit Gopal,J.)