Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11165 of 2010 Petitioner :- Udaivir Respondent :- State Of U.P. Petitioner Counsel :- Arun K. Singh-I,K. P. Shukla Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
It is contended by the learned counsel for the applicant that the case is
based on circumstantial evidence and it has been mentioned in the FIR that
the deceased had company of applicant and Akeshwar Sharma but it is not
stated that the deceased had gone on his motorcycle and for the first time
father of the deceased Ghan Shyam stated that the deceased had gone on his
motorcycle. It is further contended that no extra judicial confession was made
by the applicant before the witness Asha Ram and Pritam and there is no
occasion on the part of the applicant to make confession before them. The
applicant has no criminal history. The recovery of blood stain on the seat of
Alto car and revolver has been fabricated and the FIR has been lodged after
recovery of the dead body on the basis of doubt. Learned counsel for the
applicant has also pointed out that there is over writing in the case dairy and
also about the place where the liquor was consumed. Learned counsel for the
applicant has cited a decision of the Apex Court in the case of Ramesh Bhai
and another versus State of Rajasthan (2010) 1 SCC (Cri) 662.\
Sri V.P.Srivastava, learned Senior Counsel appearing on behalf of the
complainant contended that there are circumstances against the applicant
showing his involvement in the murder of the deceased. It is further
contended that besides last seen evidence, the applicant also made extra
judicial confession before Asha Ram and Pritam Singh and on his pointing
out the motorcycle of the deceased was recovered from the Model shop and
Alto car was recovered from the house of the applicant. The blood stain was
also recovered and there was motive to commit the murder of the deceased.
Learned AGA supported the arguments of the learned counsel for the
complainant. The case is based on the circumstantial evidence.
There is allegation against the applicant that the applicant and other co-
accused had taken Prabhakar (the deceased) from his house on 9.12.2009 and
the deceased was seen in the company of the accused persons inside the Alto
car belonging to the applicant parked near the liquor shop and thereafter dead
body of the deceased was recovered on 10.12.2009 at about 7:30am. Asha
Ram who is uncle of the deceased and Pritam Singh have given statement that
accused persons have made separate extra judicial confession before them and
after arrest of the applicant, his licenses revolver .32 bore and 2 live cartridges
were recovered and revolver was used in committing murder of the deceased.
On the pointing out of the applicant, the motorcycle of the deceased was
recovered. Alto car of the applicant was recovered on 15.12.2009 from his
own house by the police and blood stain was found on seat of the said car.
Considering the entire accusaiton against the applicant and post mortem
report of the deceased, without effecting merit of the case, the applicant is not
entitled tobe released on bail.
The bail application is rejected at this stage.
Order Date :- 10.5.2010
SU.