Allahabad High Court
Tejpal vs State Of U.P. on 10 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9770 of 2023 Applicant :- Tejpal Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari,Rajendra Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Mayank Kumar Jain,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant in Case Crime No. 474 of 2022, under Section 302 of IPC, Police Station Indrapuram, District Ghaziabad with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case.It is further submitted that applicant is the real brother of the deceased. It is further submitted that applicant was not named in the F.I.R. It is further submitted that name of the applicant was disclosed by the wife of the deceased, Parul, during her statement recorded under Section 161 Cr.P.C. It is further submitted that only on the basis of C.C.T.V. Footage applicant has been falsely implicated in the instant case but no documentary electronic test report has been filed for authenticity of the same and photographs annexed with the case diary are not clear. It is further submitted that police has arrested the applicant and on the basis of his confessional statement a recovery of poker (Suja) used in the crime and a motorcycle of the deceased has been shown which were planted by the police. It is further submitted that there is no independent witness of the alleged recovery shown from the possession of the applicant. It is further submitted that applicant is languishing in jail since 26.04.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has vehemently opposed the prayer for bail by contending that wife of the deceased in her statement recorded under Section 161 Cr.P.C. has stated that on the day of occurrence her husband and applicant had gone together to their work place. Applicant wanted to grab the ancestral property and several times scuffle took place between the applicant and deceased in this respect. Specific motive to grab the ancestral property has been assigned to the applicant. A poker (suja) and motorcycle of the deceased have also been recovered on the pointing out of the applicant. Hence, the applicant is not entitled to be released on bail.
Considering the rival submissions of learned counsel for the parties, nature of allegations, gravity of offence, motive assigned to the applicant and the fact that weapon used in the crime, motorcycle of the deceased as well as articles of the deceased kept in a bag recovered on the pointing out of the applicant, without expressing any opinion on the merits of the case, the Court is of the opinion that no case for grant of bail is made out. Hence, the bail application is hereby rejected.
Any observation made above shall not be treated as any finding on the merit and shall not prejudice the trial.
Order Date :- 10.4.2023 AKT