Zakir v. State of U.P.

Court No. - 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5992 of 2020

Applicant :- Zakir Opposite Party :- State of U.P. Counsel for Applicant :- Prayogendra Pal Singh Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

Supplementary affidavit filed today is taken on record.

Heard Sri P. P. Singh, learned counsel for the applicant, learned A.G.A. and perused the material on record.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Zakir seeking enlargement on bail during trial in connection with case crime no.04 of 2019, under Sections 302 and 201 I.P.C., P.S. Simbhawali, District Hapur.

The prosecution case as unfolded in the first information report lodged on 7.01.2019 by Ummed is that on 06.01.2019 at about 3.45 P.M. his daughter Shahreen alias Nanhi aged about nine years went from the house to give food at the oil mill (Kolhu) of Pramod Tyagi situated in the forest of the village but did not return back till 10.30 P.M. She was searched upon and subsequently on the date of lodging the F.I.R. the deadbody of the girl was found at about 08.15 A.M. in the fields of Baleshwar Tyagi. It is further mentioned in the F.I.R. that some unknown persons have murdered the girl by strangulation. In order to destroy the evidence her dead-body was thrown in the said field. The post mortem examination of the deceased was conducted on 07.01.2019 at 1.30 P.M. in which Doctor opined the cause of death due to Asphyxia as a result of throttling. There were several injuries found on the body of the deceased.