Sunny Yadav @ Ahmad Husain v. State of U.P.

Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9187 of 2021

Applicant :- Sunny Yadav @ Ahmad Husain Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Shukla,Bhupesh Kumar Singh,Umesh Vats 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. 640 of 2019, under Section 302 IPC, Police Station - North, District - Firozabad with the prayer to enlarge the applicant on bail.

The report of this incident was lodged by complainant alleging unnatural death of his sister-in-law - Meena Yadav. It was alleged in the report that after mutual relationship with her husband Pramod Yadav went worse, she was living in a rented house of Ramveer Singh Bhadoriya. On receiving the information of her death, the complainant went there to Ramveer Bhadoriya and inquired about the deceased in the town, then he came to know that she was living with some person named Shunny Yadav and it has further been mentioned in the FIR that and yesterday in night both the deceased and present accused Shunny Yadav were seen sleeping in the room and in the morning the house owner found the dead body of deceased Meena Devi. A plastic rope was found tied in the neck of the deceased.

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 by the learned counsel for the applicant that there is no direct evidence against the present accused and the circumstantial evidence of last seen is very weak evidence. Lastly, it is argued that the applicant is in jail since 10.06.2020 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 that the deceased was living with the present accused Shunny Yadav after discord with her husband. The deceased was seen sleeping in the rented accommodation with the present accused. In the morning the house owner found the deceased with a plastic rope tying around her neck. The incident was committed only by the present accused Shunny Yadav and non-else. The present accused was identified by the house owner when he was arrested.