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Pappu v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 19552 of 2006 [2006] RD-AH 20927 (12 December 2006)


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Criminal Misc Bail Application No. 19552 of 2006

Pappu.....Vs......State of U.P.


Hon'ble Ravindra Singh, J.

This application has been filed by the applicant Pappu with a prayer that he may be released on bail in case crime no. 132 of 2006, under Section 302 I.P.C., P.S. Dibiyapur, District Auraiya.

The prosecution story, in brief, is that the F.I.R. of this case has been lodged by Inus Khan on 16.6.2006 at 11.20 p.m. in respect of the incident which had occurred on 16.6.2006 at about 9.30 p.m. The F.I.R. was lodged against the applicant and one unknown person alleging therein that the first informant and his   brother, the deceased Aslam left their village and shifted to village Ababar in the house of one Ram Autar Gupta about 15 or 16 days prior to the alleged occurrence and they had taken two bighas land of Ram Autar on Batai. The same land was cultivated by the tractor of the applicant about one week prior the alleged incident, but on the issue of payment of cultivation charges there had been some altercation between the first informant and the applicant, the applicant had extended the threats for dire consequences. Thereafter, on 16.6.2006 the first informant and the deceased were sowing the paddy at that time the water was going in that field and they were sitting on the canal bank, at about 9.30 p.m. the applicant along with his unknown associates came there and the deceased was caught hold by them and injuries were caused by spade which was kept there for agricultural work, consequently, neck of the deceased was cut. After committing the murder the applicant along with his associates escaped  towards the village Kishan pur. They were identified in the light of torch. The dead body o the deceased and spade by which he was murdered was lying at the place of the occurrence. According to post mortem examination report the deceased has received 4 ante mortem incised wounds.

 Heard Sri S.P.S. Raghav Senior Advocate assisted by Sri M.S. Akhtar  and Sri S.S. Yadav learned counsel for the applicant and learned A.G.A. for the State of U.P.

It is contended by the learned counsel for the applicant that the alleged occurrence had taken place in the jungle in the night hours. The presence of the first informant at the alleged place of occurrence is highly doubtful because no injuries has been caused on his person even no attempt was made by the applicant and other-accused persons to cause he injury on his person, whereas he was equally inimical to the co-accused persons. Even according to the prosecution version the applicant and other co-accused persons were not having any weapon when they came near the place of the occurrence. It is said that they caused the injuries by the spade of the  deceased. It shows that the applicant was having no motive and intention to commit the alleged offence. The alleged occurrence has been committed in a sudden quarrel by some unknown persons. The deceased was a man of bad character. He has left his ancestral  village without any reason. It appears that he was murdered by some unknown person at a lonely  place in the dark hours of night, thereafter, due to some local reason he has been falsely implicated. At the time of alleged occurrence the applicant was attending a marriage party and so many persons have filed their affidavits in this respect. The applicant is innocent person and he is having no criminal antecedents, therefore, he may be released on bail.

In reply of the above contention the learned A.G.A. submits that in the present case the F.I.R. has been lodged promptly in the same night at 11.20 p.m. i.e within two hours of alleged incident, the distance of the police station was 4 kms from the alleged place of occurrence, therefore, it cannot be said that some unknown persons have committed the murder at a lonely place in the dark hours of night and it cannot be said that the first informant was   not present there. The prosecution    has been fully corroborated by the post mortem examination report, because the deceased has received 4 incised wounds and plea of alibi is to be considered at the stage of the trial. The specific role is assigned to the applicant and the applicant was having a motive to commit the alleged offence. In case he is released on bail he shall tamper with the evidence.

      Considering the facts, circumstances of the case, submissions made by the learned counsel for the applicant, the learned A.G.A. and considering the specific role of the applicant causing the injuries to the deceased, the gravity of the offence which is too much and without expressing any opinion on the merits of the case the applicant is not entitled for bail, therefore, the prayer for bail is refused.

         Accordingly, the bail application is rejected .

Dated:  12.12.2006



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