Allahabad High Court
Jai Prakash Patel vs State Of U.P. on 18 April, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11165 of 2018
Applicant :- Jai Prakash Patel
Opposite Party :- State Of U.P.
Counsel for Applicant :- S. Rashid,Deepak Singh Patel,Sundeep Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
This bail application has been moved on behalf of the applicant Jai Prakash Patel who is involved in Case Crime No. 157 of 2017, under section 302, 201 IPC, P.S. Soraon, District Allahabad.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged against unknown. In FIR it has been mentioned that the deceased was missing since 7.00 p.m. on 25.3.2017. Her dead body was found in the field in the morning. At the time of alleged incident the age of the deceased was about 19 years. The statement of informant under section 161 Cr.P.C. was recorded but neither he disclosed the name of applicant nor expressed any suspicion against the applicant. Thereafter, the mother of the deceased Smt. Prema Devi in her statement has stated that the applicant has established his physical relation with deceased. The deceased wanted to solemnize her marriage with the applicant but the applicant has solemnized his marriage with another girl. Concealing this fact to the deceased he used to meet the deceased. In her statement she has expressed suspicion against the applicant for committing the murder of the deceased. After two months of the alleged incident the statements of Krishna Kumar Patel and Mahendra Kumar Patel were recorded by the I.O. in which they have stated that they have seen the deceased and applicant in a field. When the applicant throwing the dead body of the deceased ran away then they came to know that the applicant has committed the murder of the deceased. It has further been submitted that that the above witnesses Krishna Kumar Patel and Mahendra Kumar Patel have filed their affidavits before the court of Session Judge mentioning therein that they have not seen the alleged incident. A recovery of mobile of the deceased has been shown from the possession of the applicant. Mother of deceased Prema Devi has also filed an affidavit before the court of Session Judge mentioning therein that the police has taken the mobile of the deceased from her house. It has further been submitted that in fact the applicant has not committed the alleged offence. There was no illicit relation in between the applicant and deceased. There is no cogent and reliable evidence against the applicant. The applicant has no criminal history and is in jail since 29.3.2017.
Per contra; learned A.G.A. has opposed the prayer for bail and argued that the name of the applicant came into light during investigation. In the statement of mother of the deceased it has come that the elder sister of deceased was married at village Laldeeh. The applicant belongs to village Laldeeh. The deceased used to go at the house of her elder sister Roopa. The applicant established physical relation with the deceased. The deceased wanted to solemnize her marriage with the applicant but the applicant has solemnized his marriage with another girl. This fact was not disclosed by the applicant to the deceased and when the deceased came to know about the marriage of the applicant she objected due to which the applicant has committed the murder of the deceased. During investigation the location of mobile phone of deceased and applicant has been found near the house of the deceased. Witnesses Krishna Kumar Patel and Mahendra Kumar Patel are the eye witnesses of the alleged occurrence. They have seen the applicant with deceased and also they have seen the applicant throwing the dead body of the deceased. Only to remove the deceased from the way the applicant has committed the murder of the deceased, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.
Consequently, the prayer for bail of the applicant is refused and the bail application of the applicant Jai Prakash Patel is hereby rejected.
However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of six months from the date of the production of the certified copy of this order, if there is no legal impediment.
Order Date :- 18.4.2019
Masarrat
