Court rejected bail application of applicant accused under Section 302 IPC, noting FIR, post-mortem, confessional statement, and weapon recovery. Directed trial court to conclude trial within one and a half years.
Bail application rejected; trial to be concluded within one and a half years.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6023 of 2021
Applicant :- Ajay Kumar Siddharth Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Arun Kumar Singh, learned counsel for the applicant and learned A.G.A. Perused the record.
By means of the present application the applicant who is facing prosecution in Case Crime No.274 of 2018, under Section 302 I.P.C., Police Station-Kakadev, District-Kanpur Nagar.
Contention raised by learned counsel for the applicant is that initially an F.I.R. was registered by one Anil on 15.9.2018 at 13.51 hours for the incident said to have taken place at 12.00 in the night against the sole named accused Ajay. From the text of the F.I.R. it is clear that on the information given by a T.V. Mechanic, the informant went to the place of incident, where he saw that his daughter was lying in precarious condition having a number of stab wounds over her abdomen. His daughter was sinking and in that condition she told him that the applicant has assaulted upon her by knife. The post-mortem report reveals that there are several stab wounds over the deceased and also there is confessional statement of the applicant, coupled with the recovery of weapon of offence.
Learned counsel for the applicant has tried to shift the texture of the case by pasting the liability upon the informant, who is father of the deceased, by making a mention that, in fact, the present is a case of HONOR KILLING, in which the informant is involved, but fact remains that, there are several stab wounds over her person, coupled with the fact that there is recovery of blood stained knife at the pointing out of the applicant, clearly indicative of the fact that he is actively involved in this case. From the various statements annexed as annexures, seems that the applicant has got dense relationship with the deceased in which both of them crossed their limits. Later on the deceased has developed certain amount of intimacy with yet another boy, which was not tolerated by the applicant and he has committed this offence.
Under circumstances, I am not inclined to exercise my discretion u/s 439 Cr.P.C., and therefore, bail application is
hereby REJECTED.
However, the trial court concerned is directed to gear up the trial and make all necessary endeavours to conclude the same within a period of one and half years from the production of certified copy of this order.
Order Date :- 18.10.2021 M. Kumar
2 issues framed by the court
Whether bail should be granted to the applicant facing prosecution under Section 302 I.P.C.?
Whether the circumstances of the case warrant the exercise of judicial discretion under Section 439 Cr.P.C.?
1 provisions across 1 enactments
Ajay Kumar Siddharth
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
