High Court rejected bail application in murder case where gold and mobile were recovered from applicant. Court ordered trial expedited within six months per Section 309 Cr.P.C.
Bail rejected. Trial to be expedited within six months under Section 309 Cr.P.C.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10740 of 2019
Applicant :- Kush Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Rai,Birendra Singh,Chandra Prakash Singh,Dharmendra Kumar Dwivedi 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. 314 of 2018, under Sections 302, 394 and 411 IPC, Police Station - Bansgaon, District - Gorakhpur with the prayer to enlarge the applicant on bail.
The First Information Report was lodged against unknown person and the present applicant was not named therein. It was mentioned in the report that the complainant resides at Delhi and on 30.08.2018 in morning at about 7:00 A.M. he was informed by Ram Ashrey on phone that his bhabhi was murdered by someone. The complainant on this information reached at the house and saw the dead body. He was informed by his niece Khushbu that the mangalsutra and ear-tops worn by her mother were not there. The matter was reported to the police.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is argued that on the basis of a false recovery the present applicant has been nominated in this case and there is no public witness to the alleged recovery shown by the police. Lastly, it is argued that the applicant is in jail since 02.09.2018 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail. It is argued by him that the present applicant is the main accused. From his possession gold ornaments looted from the deceased were found and the mobile phone of the deceased was also recovered from the possession of this accused. He does not deserve bail.
Keeping in view the submission of learned counsel for the parties, considering that from the possession of this accused gold ornaments and mobile phone of the deceased were recovered and identified, considering the period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, no case for bail is made made out and the bail application is liable to be rejected.
The bail application is rejected with direction to the trial court to expedite the trial of this case, adhering to the provisions of Section 309 Cr.P.C., possibly within six months from the date of production of a certified copy of this order.
The party shall file computer generated copy of such order downloaded
from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.11.2021 LBY
1 issue framed by the court
Whether the applicant is prima facie entitled to bail when gold ornaments and mobile phone of deceased were recovered from his possession in a murder case under Sections 302, 394 and 411 IPC.
Kush Singh
Ajit Singh
As recorded by the court registry
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