The court rejected the bail application of Girwar, accused of murder, noting he was the primary target of charges after others were exonerated. Finding the applicant un آمن despite claims of false implication based on village disputes, bail was denied.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25323 of 2020
Applicant :- Girwar Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No.336 of 2019, under Section 302 IPC, Police Station Nawabganj, District Farrukhabad with the prayer to enlarge the applicant on bail.
An F.I.R. of the incident was lodged by the complainant about the death of his cousin brother Lalu Yadav. It was mentioned in the F.I.R. that on 28.11.2019 at about 4.30 P.M. the cousin brother of the complainant went to field along with accused Girwar. After 20 minutes noise of firing was heard then the complainant and Yogendra Yadav, the brother of brother-inlaw of the complainant went towards the field and in the way they found Girwar- present accused was coming and his shirt was having blood stains and when he was asked then accused told the deceased Lalu Yadav had received bullet injury. Two other persons were named along with accused person. The police investigated the matter and submitted chargesheet only against the present accused-Girwar. The police exonerated one named accused and other unknown accused. It has been submitted by learned counsel for the applicant that the applicant is innocent person and has falsely been implicated.
Leaned counsel for the applicant submitted that the applicant has no motive to kill the deceased and he has falsely been implicated in the matter on the basis of village party bandi.
Learned A.G.A. vehemently opposed the prayer for bail and submitted that the deceased had gone with the present accused from his house towards the field and after sometime the deceased was found injured with the firearm injury. Later on he died.
He further submitted that the deceased was lastly seen in the company of
the present accused. Other prosecution witnesses have specifically mentioned in their statement that the deceased went along with the present accused person.
After considering rival submission and facts and circumstances of the case this court is not inclined to grant bail to the present applicant.
Accordingly the bail application is dismissed.
Order Date :- 9.9.2020
Asha
2 issues framed by the court
Whether the applicant should be enlarged on bail in a murder case.
Whether the motive and false implication defenses justify granting bail.
Girwar
State of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
