Allahabad High Court
Karmveer vs State Of U.P. on 14 October, 2011
Bench: Ravindra Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved
Criminal Misc. Bail Application No. 13281 of 2011
Karmveer ...... Applicant
Versus
State of U.P. ... Opp.Party
*****
Hon'ble Ravindra Singh, J.
Heard Sri Balendra Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State of U.P.
This bail application has been moved by the applicant Karmveer with a prayer that he may be released on bail in Case Crime No. 107 of 2011 under sections 302/201 I.P.C., Police Station Phase II, Noida, District Gautam Budh Nagar.
The facts, in brief , of this case are that the FIR has been lodged by Ashwani Kumar against the applicant and co-accused Narendra and co-accused Dalu at Police Station Phase II, Noida on 11.3.2011 at 7.25 P.M.in respect of the incident allegedly occurred on 1.3.2011 at about 10.30 P.M. Thereafter the case has been converted under sections 302 /201 I.P.C. on 12.3.2011 at 6.20 P.M. It is alleged that there was a rumour in the village that the daughter of the applicant, namely, Bhoori had gone in the company of one Sanjai, who had returned, thereafter she has been killed by her father and others, such information was published in the newspaper also but nobody was coming forward in support of such version. The deceased was eloped a few days prior to alleged incident with her neighbourer Sanjai, she had gone in her company also but after few days of disappearance, she came back to her house, she was adamant to live in the company of Sanjai, the deceased has been killed in order to save the honour of the family and her dead body has been disposed of after having burnt her completely . The applicant applied for bail before the learned Sessions Judge, Gautam Budh Nagar, who rejected the same on 16.4.2011.
It is alleged that the applicant has been falsely implicated in the present case, she has been kidnapped by one Sanjai ,the deceased had not been recovered so far. The statements of the witnesses recorded by the I.O. are wholly un-reliable. There is no eye witness account, now it is said that the alleged incident has taken place on 1.3.2011 but at the belated stage the FIR has been lodged by Sub Inspector on the basis of rumour mongering in the village, the applicant has been named in FIR only on the basis of the doubt and suspicion. The applicant was arrested on 13.3.2011 by the police, it is said that he had made a confessional statement before the police and on the same day, the recovery of burnt soil, simple soil, kanda (upli) have been shown from the bank of Yamuna river, the recovered items are common which are always available on the Yamuna river where the bodies are cremated, the recovery of motor cycle has been shown from the house of the applicant, the recovery is not supported by any independent witness. The police has recorded the statements of Vinod, Leelu and Brahm Singh, residents of village Yaqut ganj. The co-accused Narendra and Dalu alias Amit have been released on bail by the court below. The applicant is having no criminal antecedent, the daughter of the applicant has been enticed away by one Sanjai, but instead of searching the kidnapped girl, the police implicated the applicant falsely under the influence of Sanjai. The applicant has not taken any action against Sanjai, the applicant is having no criminal antecedent,he may be released on bail.
In reply of the above contention, it is submitted by learned A.G.A. that it is a case of honour killing, the applicant being the father of the deceased has committed the murder of her daughter only because she had gone in the company of Sanjai and she had fallen in love with Sanjai, after few days of the disappearance she came back , then in a pre-planned manner, the deceased has been killed. During investigation the statements of all the witnesses have been recorded,they supported the prosecution version, the material collected by the I.O.is shown the involvement of the applicant in commission of the alleged offence. The statement of the witnesses have been recorded by the I.O., who had seen the applicant taking away his daughter on his motor cycle and later on he was seen along his two nephews carrying the dead body of the girl and fire-woods in a cart for her cremation, the gravity of the offence is too much, therefore, the applicant may not be released on bail.
Considering the facts circumstances of the case submission made by learned counsel for the applicant, learned A.G.A.and from the perusal of the record it appears that in the present case, the daughter of the applicant has been killed, her dead body has been disposed of, the allegation against the applicant is of killing his daughter only to save honour of his family, during investigation, the I.O. has collected the evidence to show that the applicant has taken away her daughter on the motor cycle, thereafter some of the witnesses have stated that the applicant along with his two nephews was carrying the dead body of the girl and fire woods in a cart for her cremation, the trial of the applicant is in progress, it is a case of honour killing, the gravity of the offence is too much and without expressing any opinion on the merits of the case, the applicant is not entitled for bail, the prayer for bail is refused.
However, it is directed that the proceedings of the trial pending against the applicant may be expedited without granting unnecessary adjournment to either of the side.
With the above direction, this bail application is disposed of finally.
Dated : October 14, 2011.
Su
