Noor Hasan v. State of U.P.

Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40308 of 2021

Applicant :- Noor Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

The Court is convened through Video Conferencing.

Heard Sri Himanshu Srivastava, learned counsel for the applicant and Sri Ankit Srivastava, learned counsel for the State and perused the material on record.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Noor Hasan , seeking enlargement on bail during trial in connection with Case Crime No. 321 of 2020, under Section 302 I.P.C., registered at Police Station Simbhawali, District Hapur.

Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that there is no eye-witness to the murder. The deceased although as per the postmortem examination was found to have received 08 injuries but the doctor has opined the cause of death as coma as a result of antemortem head injury which was the injury no.3 on the skull. It is argued that even otherwise, the perusal of the injuries would go to show that all the injuries received by the deceased were on the left side of the body. The prosecution case is that the deceased was travelling with the applicant on an auto. It is argued that the deceased fell down from the auto on the road and had received the injuries which were on the left side of her body. It is argued that the applicant has no motive at all to commit the aforesaid offence. It is further argued that even in the inquest, the deceased was found to have received injuries on the left side of the body which were found to be of blue colour. It is argued that charge-sheet has been submitted on which cognizance has been taken and as such there are no chances of the applicant tampering with the evidence or threatening the witnesses. The present case is a case of circumstantial evidence and there is no eye-witness to the murder. The applicant has no criminal history as stated in para 24 and is in jail since 15.10.2020.