Criminal Misc. Bail Application filed during trial under Section 302 IPC regarding the murder of the applicant's daughter, whom the deceased's body was recovered from the house of accused, leading to rejection due to heinousness of offence and risk of evidence tampering.
Bail application rejected; applicant ordered to supply the amount of the bond.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2631 of 2019
Applicant :- Indrapal @ Shreepal Opposite Party :- State Of U.P. Counsel for Applicant :- Hemendra Pratap Singh,Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Indrapal @ Shreepal, who is involved in Case Crime No.134 of 2018, under Section 302 I.P.C., P.S. Palimukimpur, District Aligarh, is seeking enlargement on bail during the trial.
Learned counsel for applicant argued that applicant is innocent; he has been falsely implicated in this case crime number upon the report of Suresh lodged at Police Station Palimukimpur at 10.06 A.M. on 09.06.2018 against applicant and his wife Seema; Poonam, aged about 16 years, was daughter of applicant and Seema is her step mother; she was brought up by applicant and there was no motive for her murder; informant is the brother of deceased-wife of applicant; scribe of first information report is one Ashok Kumar against whom applicant is witness in a case, which was got registered as Case Crime No. 19 of 2017, in which charge sheet was submitted and he is facing trial; a case for offence of rape was lodged by applicant against one Indrajeet, S/o Mangal as Case Crime No. 208 of 2017, in which statement of deceased was to be recorded.
Learned A.G.A. opposed the bail application with this contention that there is no proximity in between above alleged case crime number lodged either by applicant or by someone else, rather it is a case in which dead body was recovered from the house of accused applicant and it was a case of strangulation.
From the perusal of first information report, it is apparent that the occurrence was of 20.30 P.M. on 08.06.2018 and the report was lodged at 10.06 A.M. on 09.06.2018 at Police Station Palimukimpur by Suresh, in which name of accused-applicant along with other co-accused Smt. Seema was mentioned with contention that dead body of deceased Poonam was lying in the
courtyard of house of accused persons. Upon this information, criminal machinery was put in motion, inquest was got conducted and the dead body was recovered from the courtyard of house of accused-applicant and it was a case of strangulation with other anti mortem injuries over the deceased. None of the accused were present on the spot, autopsy examination was got conducted and death was owning to asphyxia and because of ante mortem strangulation coupled with other injuries over the person of deceased. Now, the accused-applicant being father of deceased was expected under Section 106 of Indian Evidence Act to disclose about the fact within his person knowledge regarding the death, mode and motion as to how this happened towards his own daughter deceased Poonam, but no explanation was given nor there is any evidence disclosing the fact that accused gave information to police regarding this untowards happening. The argument regarding lodging of other case crime number is of no concern with the present occurrence.
Under above facts and circumstances, heinousness of offence of murder and likelihood of tempering of evidence in case of release on bail, no case for bail is made out.
The bail application is rejected accordingly.
Order Date :- 24.1.2019 NS
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving murder of his own daughter where the dead body was recovered from his house.
Whether the likelihood of tempering of evidence makes bail inappropriate in the presentes circumstances.
Indrapal @ Shreepal
State Of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
