In a bail application filed under Sections 147, 302, and 201 IPC regarding a brutal murder, the Single Judge of the Criminal Benches at Allahabad High Court rejected the application citing the heinous nature of the crime, the absence of the deceased's body, and the pending investigation against co-accused.
No bail granted; application rejected.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49314 of 2019
Applicant :- Vikas Pal Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Pandey,Syed Imran Ibrahim
Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, the 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.273 of 2019, under Sections 147, 302, 201 I.P.C., Police Station Pipari, District- Kaushambi with the prayer to enlarge him on bail.
For the purposes of evaluating the prayer for bail, the Court notes that the prosecution version was that the deceased Suman Pal had married Mohd. Sarwar against the wishes of her family members. An altercation between the two factions is stated to have taken place whereafter one Jitendra, the village chaukidar has come forward in the course of investigation and submitted that while working the barrier, he had seen the accused travelling alongwith the deceased on a tractor. He places the deceased as sitting between the applicant and Kedar the father of the deceased. It is submitted that this statement of Jitendra had come to be recorded after almost four months of the disappearance and therefore cannot be accorded any credibility. However the Court notes that in the FIR itself the allegation was that the family members of the deceased had conspired to commit the crime and were not providing any assistance in finding out her whereabouts. It is thereafter that the police investigated the matter further and ultimately came to record
the statement of Jitendra. The Court is further apprised that the body of the deceased is yet to be recovered. Although a chargesheet has been submitted against the applicant here, investigation against the other co-accused is continuing. Bearing in mind the heinous nature of the crime, no cause arises for enlarging the applicant on bail.
Consequently, the application is rejected .
Order Date :- 2.12.2019 Vivek Kr.
1 issue framed by the court
Whether the applicant is entitled to bail in cases of heinous offences where the body of the deceased remains unrecovered and investigation continues against co-accused.
Vikas Pal
State of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
