Ravi Kumar vs State Of U.P.
2025 Latest Caselaw 2244 ALL

Allahabad High Court

Ravi Kumar vs State Of U.P. on 6 June, 2025

Author: Siddharth

Bench: Siddharth

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Reserved on 28.05.2026
 
Delivered on 06.06.2025
 
Neutral Citation No. - 2025:AHC:95803
 
In Chamber
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35836 of 2024
 

 
Applicant :- Ravi Kumar
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sudhakar Shukla
 
Counsel for Opposite Party :- G.A.,Sudhakar Shukla
 

 
Hon'ble Siddharth,J.
 

1. Heard Sri Sudhakar Shukla, learned counsel for the applicant; learned AGA for the State and perused the material placed on record.

2. The instant bail application has been filed on behalf of the applicant, Ravi Kumar with a prayer to release him on bail in Case Crime No. 17 of 2024, under Sections 302, 120-B IPC, Police Station Sikandara, District- Kanpur Dehat, during pendency of trial.

3. There are allegations in the F.I.R. that son of the informant, Deepak Kumar, sells Chat by going from house to house. On 18.01.2024 when he was returning to his house he was murdered by some unknown persons by hitting him from hammer. He got the information of the incident on the next day and then F.I.R. was lodged. During investigation it was found that the applicant had illicit relationship with the wife of deceased, namely Kamini (co-accused), and for this reason the deceased was done to death by the applicant, after conspiring with co-accused, Kamini. Confessional statement of the applicant and co-accused, Kamini, were recorded wherein they admitted their roles in the incident. Recovery of the hammer used for committing the crime was got recovered by the applicant. Their call details were also collected by the Investigating Officer which proves that they were continuously in touch and were present together at the time of the incident.

4. The learned counsel for the applicant has relied upon the judgment of the Apex Court in the case of Anvar P.V versus P.K. Basheer and others, AIR 2015 SC 180 and has submitted that there is no certificate under Section-65-B of Evidence Act collected by the Investigating Officer and hence the call details collected by the Investigating Officer can not be read against the applicant.

5. Learned A.G.A. has opposed the submissions made by the learned counsel for the applicant.

6. After considering the rival submission this court finds that even if the Investigating Officer has not acquired the certificate under Section-65-B of Evidence Act, he can obtain the same and produce the same during trial. Even if the certificate aforesaid is discounted, there is sufficient evidence against the applicant implicating him in the present case.

7. This Court, after hearing the learned counsels for the parties, does not finds any ground for enlarging the applicant on bail at this stage.

8. The bail application is, accordingly, rejected.

Order Date :- 6.6.2025

Ruchi Agrahari / Manoj