Ashok Rajpoot vs State of U.P.

Ravindra Singh, J.—Heard Sri B. N. Singh, learned counsel for the applicant and the learned A.G.A.

This application has been filed by the applicant Ashok Rajpoot with a prayer that he may be released on bail in Case Crime No. 953 of 2006 (S.T. No. 80 of 2008) under Sections 302. 394 and 411, I.P.C. P.S. Kotwali Oral district Jalaun.

It is contended by the learned counsel for the applicant that the F.I.R. has been lodged on 6.6.2006 at 3.30 p.m. in respect of the incident allegedly occurred on 5.6.2006 after 10.00 p.m. The applicant is not named in the F.I.R., the co-accused Ram Kishore Kushwaha was named in the F.I.R. during investigation the name of the applicant and other co-accused persons came into light, according to the statement of the witness deceased was seen in the company of the applicant, the evidence of last seen has been collected by the Investigating Officer. The applicant was apprehended by the police on 21.12.2006, it is alleged that he had made a confessional statement before the police, in the F.I.R. itself it is alleged that the deceased was serving as a driver with the co-accused Ram Klshore Kushwaha, but on account of the death of the grandfather of the deceased, he could not come on his duties that is why the co-accused Ram Kishore Kushwaha became too much annoyed, he came to the house of the first informant on 5.6.2006 at about 10 p.m., he took away the deceased forcible on his motorcycle, thereafter on 6.6.2006 at about 2.00 p.m. the first informant came to know that his son has been killed and his dead body is lying near the P.C.L. Godown, during investigation the evidence of last seen has been collected by the Investigating Officer there is no eyewitness account, the applicant was seen alongwith other co-accused present at the place where the dead body of the deceased was recovered. There is no credible evidence against the applicant, the statement of P.W. 1 and P.W 2 have been recorded by the trial court, they have disclosed the name of the applicant, the applicant is an innocent person, he has been falsely implicated in the present case, because he was falsely Implicated in some criminal case also, he is in jail since 21.12.2006.

In reply to the above contention it is submitted by the learned A.G.A. that the trial of the applicant is in progress. In this case 19 witnesses are to be examined before the trial court out of which only 2 witnesses have been examined, the applicant is having criminal antecedents of 25 criminal cases including the case of dacoity, murder, theft, etc. In case the applicant is released on bail, he may tamper with the evidence.

Considering the facts, circumstances of the case and submissions made by the learned counsel for the applicant and the learned A.G.A. and from the perusal of the record it appears that it is a case in which trial is in progress, the applicant is having the history of 25 criminal cases, at this stage it is not proper to release the applicant on bail, therefore, the prayer for bail is refused.

However, considering the submissions made by the learned counsel for the applicant that he is in jail since 21.12.2006, it is directed that the proceedings of the trial pending against the applicant shall be expedited without granting unnecessary adjournment to either of the side, if possible, the same may be commenced on day-to-day basis.

Accordingly, this application is finally disposed of.