Pappu v. State of U.P.

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9391 of 2022

Applicant :- Pappu Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.,Safiullah

with

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8752 of 2022

Applicant :- Awdhesh Opposite Party :- State of U.P. Counsel for Applicant :- R.P.S. Chauhan,Sarvajeet Singh Counsel for Opposite Party :- G.A.,Safiullah

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicants and learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.

It is submitted that in this case applicants have been falsely implicated. They have committed no offence. Allegedly, on 14.08.2021 the applicants came at the house of informant with co-accused Suraj Pal and on the pretext of marriage of Hargyan (deceased), Suraj Pal took Rs.80,000/- from her and the deceased was taken away by them but did not return to his house. On 15.08.2021 information was given to one Radhey Shyam resident of village on telephone by S.I. about unknown dead body on whats app which was identified by him as of deceased Hargyan. Thereafter, inquest was made and post-mortem was conducted. Further submitted that in post-mortem no any visible injury was found and cause of death was found to be shock and hemorrhage. Hariom and Ajaypal are said to be last seen witnesses who saw the deceased in company of applicants on the date of incident while making assault on the deceased. It is further submitted that both these last seen witnesses were present at the time of handing over of the dead body to the informant on 16.08.2021 but this fact was not disclosed by them to the informant. It is also submitted that on 12.09.2021 this fact was disclosed to the informant after 29 days as a result this F.I.R. was lodged by the informant which is not reliable and creates doubt that it has been made after concoction. No explanation has been given about delay in lodging the F.I.R. In this way, the whole prosecution story seems to be fabricated and concocted. There is no criminal history against the applicants and they are in jail since 18.09.2021, therefore, requested for bail. In case they are released on bail, they will not misuse the liberty of bail and will co-operate in trial.