Pankaj v. State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59003 of 2022

Applicant :- Pankaj Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

Heard Sri Vikas Tiwari, learned counsel for the applicant, 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 Pankaj , seeking enlargement on bail during trial in connection with Case Crime No. 703 of 2021, under Sections 147, 304 I.P.C. registered at P.S.- Highway, District- Mathura.

The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The FIR of the present case has been lodged after 21 days with though and consultation. According to post mortem examination report the deceased has sustained five injuries but the cause of death is uncertain, hence viscera was preserved. The statement of Amit Kumar and well as other witnesses who were also the eye witness of the inquest report have been recorded under section 161 Cr.P.C. in which they have stated that the deceased was junkie and also all the named accused persons were the associates of the deceased. According to FSL report dated 30.09.2022 it transpires that aluminum phosphide and ethyl alcohol was found in the preserved material. The dead body of the deceased was found near the railway track. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 28.10.2022 having no criminal history.