Criminal Misc. Bail Application filed by Hari Singh in Case Crime No. 81 of 2018 regarding murder under Sections 302, 201 IPC. Court rejected bail without expressing merits due to severity of allegations and lack of concrete link found yet.
Bail application rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38070 of 2018
Applicant :- Hari Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.81 of 2018, under Sections-302, 201 IPC, Police Station Aamapur, District Kasganj with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that in this case nothing concrete has surfaced, which may link the applicant with the present crime. There was no motive for committing the crime. After the death of Bhudevi, the property was to go to the applicant and his wife, therefore, there was no point for killing the deceased. There is no reason as to how and why the deceased went to her potato field for digging out potato in the night intervening 20/21.2.2018 and there is no possibility of the accused committing the crime in such a way as to stifle neck of the deceased with his muffler. The allegations are baseless and the informant deliberately on account of enmity has dragged his name in the present case.
Per contra, learned A.G.A. has submitted that in this case, the FIR and the testimony on record indicate that the applicant was a drunkard and he was anxious for liquor and testimony of the witnesses has surfaced to the effect that the accused sold out his own entire property for taking liquor and he was insisting upon fact that the deceased Bhudevi should sold out her land, which she refused.
Learned A.G.A. also pointed out that muffler of the applicant and the liquor bottle were also recovered on the place of the occurrence.
After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the averments as contained in the present bail application and also looking to the seriousness of the allegations made in the FIR and the severity of the punishment in case of conviction but without expressing any view on the merit of the case I don't find it fit case for bail at this stage.
Accordingly, the application for bail is rejected.
Order Date :- 8.10.2018 S Rawat
2 issues framed by the court
Whether the applicant is entitled to bail in a case accused of murder and cheating under Sections 302 and 201 IPC.
Whether the lack of concrete motive and baseless allegations warrant granting bail at this stage.
Hari Singh
State Of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
