Kumare v. State of U.P.

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38600 of 2022

Applicant :- Kumare Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Mayank Kumar Jain,J.

Counter affidavit filed today, is taken on record.

Perusal of record of connected bail application goes to show that bail application has been decided vide order dated 28.11.2022 in Criminal Misc. Bail Application No. 38887 of 2022 (Prem Singh Versus State of U.P.).

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present first bail application has been filed on behalf of applicant in Case Crime No. 363C of 2014, under Section 376D, 506 IPC, Police Station Mandi Dhanaura, District Amroha with the prayer to enlarge the applicant on bail.

It is argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. He further argued that applicant happen to be the brother-in-law (Jeth) of the victim and 'Nephew' of informant. It is further submitted that earlier first information report was lodged in Case Crime No. 359C of 2014, under sections 498A, 304B, 201 I.P.C. and 3/4 D.P. Act, against Raju Singh (Husband), Pramod (Jeth), Ganesh (Dever) and Rajendra (Dever), all the sons of Nathu Singh, Jyoti (Nanand) and Nathu (father-in-law) on the basis of application under section 156(3) Cr. P.C. moved by Prem Singh (uncle of the applicant) and present first information report has been registered as a counter blast against the applicant. It is submitted that similarly placed co-accused Prem Singh, has already been granted bail vide order dated 28.11.2022 in Criminal Misc. Bail Application No. 38887 of 2022. It is next submitted that applicant was married to 'Devrani' of the informant and she was murdered within a period of one year of her marriage, wherein husband is also one of the accused. It is further submitted that applicant is languishing in jail since 04.08.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.