Bail application dismissed in a murder case (Sections 302, 201, 120-B, 506 IPC). The court held that prima facie grounds were insufficient to grant bail, rejecting arguments regarding false implication and the complaint's late filing.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1613 of 2023
Applicant :- Mahaveer Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard Sri Piyush Kumar Shukla, learned counsel for the applicant, learned A.G.A. for the State, Sri Ashish Singh, learned counsel for the complainant and perused the record.
This application has been filed with a prayer to release the applicant on bail in Complaint Case No. 8009 of 2010, under sections 302, 201, 120-B, 506 IPC, P.S. Govindnagar, District Mathura.
The prosecution story in brief is that a complaint was filed on 23.06.2020 under section 156(3) Cr.P.C. in respect of the incident which occurred on 08.05.2010 against three accused persons namely Gudiya @ Kavita, Mahaveer Prasad (present applicant and Pappu Khan and two unknown persons which was registered at Misc.Case No. 336/XII/2010, under sections 302, 201, 120-B, 506 IPC, In the present case, it is said that wife of the deceased was having the physical relation with the present applicant as she wants to live with him. The present complaint has been filed by the brother of the deceased Shailendra. he has also stated in the complaint that his Bhabhi under the influence of applicant has murdered her husband with the help of accused persons by way of throttling.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. Further contended that in the present case the statement of the complainant and other prosecution witnesses were recorded but without considering the facts and circumstances of the case, the applicant was summoned by the court below on 17.05.2011. In the present case after filing of final report a complaint dated 12.11.2010 was filed by the same complainant with the same allegation against the seven accused persons including the applicant. There is no eye witness account and the present complaint has been filed after one and half months of the incident and all the co-accused persons Gudiya @ Kavita,
Radhey Shyam, Pappu Khan, Betal Singh, Lokesh have granted bail by the court concerned. The present case was filed as a counter blast case by the complaint as the matrimonial dispute was already pending against the family members of the deceased as case Crime No. 334 of 2020 and lastly argued that applicant is in jail since 01.10.2022.
Per contra learned counsel for the complainant and learned A.G.A. for the State rebutted the above arguments stating that applicantaccused is named in the complaint along with other co-accused who have committed the offence and also tried to disposed of the dead body of the deceased in a hurriedly manner without proper information. The P.W. 4 (Bhudeo) has also supported the prosecution version by stating that the wife of the deceased herself has stated with tearing eyes that she has disclosed the name of real accused of murder of the deceased and the gravity of the offence is too much, therefore, the applicant may not be released on bail
Having considered the submissions raised by the counsel for the applicant-accused and the objections raised by learned counsel for the first complainant and learned A.G.A. for the State, gravity and severity of the offence and conduct of the applicant-accused, I am of the view that prima facie at this stage grounds are not sufficient to enlarge the applicant-accused on bail. Accordingly, prayer for bail is refused.
Accordingly, this application is dismissed .
Order Date :- 20.2.2023
RPD
Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant satisfies the grounds required for release on bail in a murder offence under Sections 302, 201, 120-B, 506 IPC.
Whether the prima facie grounds sufficiently justify granting bail despite the applicant's assertion of false implication and counter-blast nature of the case.
Mahaveer Prasad
State of U.P.
Dr. Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
