This court dismissed a bail application move for an accused in a murder case under Section 302 IPC. Despite arguments regarding false FIR and previous bail history, the court held that no case for bail was made out.
Application for bail rejected; applicant not enlarged on bail.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56134 of 2022
Applicant :- Bani Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Gyanendra Prasad Mahant,Purnendu Pratap
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma,J.
Heard Shri Gyanendra Prasad Mahant, learned counsel for the applicant as well as Shri Pankaj Tripathi, learned A.G.A. for the State and perused the entire record.
The instant application for bail has been moved on behalf of the applicant- Bani Pandey, with the prayer to enlarge him on bail in Case Crime No. 51 of 2022, under Section 302 I.P.C., Police Station-Jangipur, District- Ghazipur, during pendency of the trial.
Learned counsel for the applicant has submitted that the first information report is based on false and fabricated facts. Neither the applicant is named in the F.I.R. nor is there any eyewitness of the alleged incident. Neither any motive has been assigned nor is there any extra judicial confession of the applicant established by the prosecution. The recovery of the alleged weapon is false and planted. The police has arrested the applicant only on the basis of suspicion. Applicant has criminal history of two cases and in both of them the applicant has been granted bail by the competent Court. Therefore, the accused/ applicant deserves to be enlarged on bail during pendency of the trial.
Lastly, it has been submitted that the accused/applicant is languishing in jail since 01.04.2022 and if, he is enlarged on bail, he will not misuse the liberty of bail and shall also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.
Per contra learned A.G.A. for the State has vehemently opposed the prayer for grant of bail and submitted that it is a case of circumstantial evidence and the chain is intact. There was money dispute between the accused-applicant and the deceased and in that connection the deceased was called from
his house from the mobile of one Sunni Deol, who has stated to the I.O. that his mobile was taken by the accused for contacting the deceased. Brother and father of the deceased have also told the I.O. that before leaving the house, the deceased told them that he was called by the accused. So far as recovery is concerned, the learned A.G.A. has pointed out that recovery memo discloses that on the pointing out of the accused and coaccused Golu, the brick used in commission of crime was recovered. Further the injuries sustained by the deceased would only occur if the deceased is hit by any brick. The conduct of the accused has been doubtful as he was absent from the date of occurrence and did not participate in cremation or funeral. Therefore, the accused/ applicant does not deserve to be enlarged on bail in any manner.
Having regard to the aforesaid overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties, nature and manner of commission of offence and evidence regarding the complicity of applicant, no case for bail, at this stage, is made out.
Accordingly, the bail application is rejected.
Order Date :- 29.3.2023 S.Verma
Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of trial in a murder case.
Bani Pandey
Umesh Chandra Sharma,J.
As recorded by the court registry
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