Mehraj v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4656 of 2019

Applicant :- Mehraj Opposite Party :- State Of U.P. Counsel for Applicant :- R.S. Maurya Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

This case has been assigned by Hon'ble the Chief Justice vide order dated 5.2.2019.

Heard learned counsel for the applicant, Sri Mayank Mishar, brief holder for the State and perused the record.

According to prosecution case, F.I.R. was lodged on 2.9.2018 (after two days of incident) against unknown persons alleging that on 31.8.2018, dead body of Rais (son of complainant) was found. According to the postmortem report, cause of death could not ascertain, viscera was preserved. During investigation, statement of co-accused Sakir was recorded, he stated that there is illicit relation between deceased and his sister due to which he killed Rais with the help of Waseem, Mehraj and Rais by pressing pillow on his mouth. One pillow was recovered from the possession of co-accused Sakir.

It is submitted by learned counsel for the applicant that coaccused namely Sakir has been granted bail by co-ordinate Bench of this Court vide order dated 16.1.2019 in Criminal Misc. Bail Application No. 49776 of 2018, since the role of the applicant is not distinguishable with the role of coaccused, therefore, the applicant is also entitled for bail. Applicant was not named in the F.I.R. The name of the applicant was disclosed by co-accused Rais in his confessional statement before the police. There is no independent witness and no legal evidence against the applicant except the confessional statement of co-accused before the police personnels. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 14.11.2018 (more than two and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.