Arun Kumar v. State of U.P.

Court No. - 45

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2379 of 2019

Applicant :- Arun Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Harsh Kumar,J.

Heard learned counsel for applicant, learned A.G.A. and perused the record.

Learned counsel for applicant contends that applicant has been falsely implicated on the basis of suspicion; that as per averments made in FIR dated 05.10.2018 lodged by Kalu Ram, co-accused Kaliram made a phone call to him at 09:27 p.m. on 04.10.2018 and angerly told that he will kill his son Vikas (deceased) who has abused, upon which he along with his son Sonu arrived from Haridwar to village Tissa, PS- Bhopa where Sunil and Gyannendra told him that at about 09:00 pm. at the liquor shop, applicant with his father Kaliram co-accused and Vikas (deceased) together consumed liquor, then applicant and co-accused committed marpeet with Vikas which matter was subsided upon their intervention, whereafter applicant and co-accused left with Vikas on his motorcycle, and upon search by them at about 06:00 a.m. on 05.10.2018, motorcycle of Vikas (deceased) was found in the sugarcane filed of Anish and dead body of Vikas was found by the roadside in two fit deep as he was was drowned to death by applicant and co-accused; that entire prosecution story is absolutely false and incorrect; that statements of witnesses that deceased was taking liquor with friends Suman, Gulab and Sunil since before, and also consumed liquor with applicant and co-accused, are absolutely false and incorrect; that after quarrel between father of applicant and deceased, there was no occasion for deceased to join applicant and co-accused for consuming liquor, and applicant had no motive to cause death of deceased; that it appears that since deceased was under heavy intoxication, his motorcycle dis-balanced and went to sugarcane field, and under intoxication, he fell in the water field and drown to death; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 06.10.2018.