In a bail application under an FIR for murder, the High Court rejected the plea of the applicant, who was also the informant. The Court noted the applicant's admission of the gruesome murder of four persons, his criminal history, and the commencement of the trial.
Bail application rejected; trial directed to be concluded within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Reserved On-16.02.2023 Deliver On- 21.02.2023
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59792 of 2022
Applicant :- Rajeev Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Rajeev Kumar , with a prayer to release him on bail in Case Crime No. 100 of 2018, under Section- 302, 201, 120B, 420, 34 I.P.C., Police Station - Dholna, District- Kasganj.
There is allegation in the FIR against three named accused, namely, Moti Lal, Jitendra Kumar and Ravi Kumar. In the FIR it is alleged that the wife of brother of informant, Rakesh Kumar, namely, Ratnesh Kumari, daughter, Avni, son Arpit, are missing from their house. Brother of the informant, Rakesh Kumar had lodged their missing report. His brother Rajesh Kumar, informed him that on 25.04.2018 he is going to search his wife and children alongwith, Rajendra @ Kallu. On 26.04.2018 the informant came to know that one dead body with both hands and head missing and in burned position has been recovered. An ID of Rakesh Kumar has been recovered from the place around the dead body. The informant reached the place of incident and identified the dead body of his brother, Rakesh Kumar whereabouts of Rajendra was not known and FIR was lodged that Moti Lal, Jitendra Kumar and Ravi Kumar have murdered his brother in pursuance of the conspiracy.
Learned counsel for applicant has submitted that the applicant is the informant of this case. The applicant has criminal history of three cases explained in supplementary-affidavit filed today, but all the cases have been registered after the lodging of the FIR in the present case. The applicant is in jail 02.09.2022.
Learned AGA has vehemently opposed the prayer for bail of the applicant and has submitted that it is case of gruesome murder of four persons by the applicant. He has submitted that in the confessional statement, the applicant has admitted that he has caused the murder of the wife of his brother, Rakesh Kumar, and their children had burried their dead bodies in the basement of his house. When the police pressurized his brother Rakesh, to tell about the correct position of the murder of his wife and children.
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murder of Rajendra @kaluwa, was caused and the head and hands of the dead body were chopped and the applicant informed that it is a dead body of Rakesh. In the DNA examination of the dead body, it was found that it was not the dead body of the Rakesh, but of Rajendra @ Kaluwa. He submitted that the applicant in collusion with his brother, Rakesh has caused the murder of four persons and therefore he does not deserves to be enlarged on bail. The evidence collected by the Investigating Officer proves the offence alleged against him. The trial has begun. The applicant as P.W.-1 has been examined before the court below.
This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage.
The bail application is accordingly, rejected.
The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year from the date of production of certified copy of this order.
Deliver On:-21.02.2023. Abhishek
Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail in a case of murder involving gruesome circumstances and the applicant being the informant.
Whether the trial court has concluded the trial against the applicant within the directed timeline.
Whether bail can be granted given the applicant's admission of murder in the confessional statement and his criminal history.
1 provisions across 1 enactments
Rajeev Kumar
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
