Dilip Kumar v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11358 of 2019

Applicant :- Dilip Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Shivendra Nath Singh,Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.

According to prosecution case, F.I.R. was lodged against unknown alleging that 26.10.2018, Jitendra Chamar was killed and his dead body was found on the road. Later on, the name of Ravi, Umesh and Dilip was surfaced and it was also found that there was illicit relation Ravi with another lady; deceased had seen this act and with the help of the applicant, they killed Jitendra Chamar. One country made pistol was recovered from the possession of Ravi. One gun shot injury was found on the body of the deceased.

Learned counsel for the applicant submitted that coaccused-Ravi Umesh have already been enlarged on bail by this Court vide order dated 29.1.2019 and 28.2.2019 in Criminal Misc. Bail Application Nos. 3917 of 2019 and 8720 of 2018 and the case of the applicant is not heinous than the case of co-accused Ravi, who has already been enlarged on bail; hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 24.1.2019 (more than one and half months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. General role has been assigned against the applicant. There is no recovery on the pointing out of the applicant. Country made pistol was recovered from the possession Ravi. The applicant has been falsely implicated on the basis of suspicion. There is no legal evidence against the applicant except the confessional statement of co-accused Ravi and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.