Court rejected bail application filed by Rumal Singh charged under Section 302 IPC for alleged murder of his mother. Bench held that nature of allegations and gravity of offence made it not a fit case for bail.
Bail application of applicant Rumal Singh is hereby rejected.
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Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1887 of 2019
Applicant :- Rumal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Bhishm Pal Singh,Santosh Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit filed by learned A.G.A., is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, 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. 122 of 2018, under Section 302 IPC, P.S. Nagla Singhi, District Firozabad with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. The complainant of the case is not an eye-witness of incident. It was submitted that merely some altercation has taken place between applicant and deceased, during which deceased fell down and sustained injuries on her head and later on she died as a result of those injuries. It was also pointed out by learned counsel that before the trial Court, complainant of the case has submitted an affidavit, wherein it was stated that applicant has not committed the murder of deceased and he has named in FIR at the instance of other persons. It was further submitted that applicant is languishing in jail since 20.10.2018 and that in case he is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that he has committed murder of his mother and FIR has been lodged by brother of applicant himself. It was further shown that there were various injuries on the body of deceased, which are not possible by falling on ground.
Perusal of record shows that there are allegations against the applicant that he has committed murder of his mother and FIR has been lodged by brother of applicant. The applicant is named in the FIR. Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and all attending facts and circumstances of case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application of applicant Rumal Singh is hereby rejected .
Order Date :- 10.12.2019 A. Tripathi
2 issues framed by the court
Whether the applicant is eligible for bail in a murder case involving allegations of killing his mother.
Whether the gravity of the offence precludes bail in the instant circumstances.
1 provisions across 1 enactments
Rumal Singh
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
