Nanhe alias Wazhul Haq vs State of U.P.

Ravindra Singh, J.—This application has been filed by the applicant Nanhe alias Wazhul Haq with a prayer that may be released on bail in Case Crime No. 702 of 2005 (S.T. No. 23 of 2006) u/s 302, I.P.C. P.S. Dudhara district Sant Kabir Nagar.

The prosecution story in brief is that the F.I.R. of this case has been lodged by Ram Pher on 16.9.2005 at about 00.40 a.m. in respect of the incident which had occurred on 15.9.2005 at about 11 p.m. the distance of the police station was about 6 k.m. from the alleged place of occurrence. It is alleged that some unknown persons committed the murder of the deceased consequently, one Shamsher, brother of the deceased, had submitted a written report at the Police Station Dudhara mentioning therein that the applicant, who happens to be his close relative, had gone to his house alongwith the co-accused Shoeb on a motor cycle and the deceased was taken by them at the pretext of joining a feast. Thereafter the deceased has been murdered by them.

Heard Sri R. K. Mishra, learned Counsel for the applicant and the learned A.G.A.

It is contended by the learned Counsel for the applicant that in the present case the F.I.R. has been lodged after recovery of the dead body. The applicant has been named in the F.I.R. only on the basis of doubt and suspicion. According to the material collected by the I.O. only the evidence of last seen is against the applicant. There is no other evidence. Therefore, the applicant may be released on bail.

In reply of the above contention, it is submitted by the learned A.G.A. that in the present case all the witnesses have been examined by the trial court. The statement of the applicant has been recorded u/s 313, Code of Criminal Procedure The trial is at the stage of conclusion. Therefore, it shall not be proper to release the applicant on bail.

Considering the fact, circumstances of the case and the submissions made by the learned Counsel for the applicant and the learned A.G.A. and considering the fact that in the present case all the witnesses have been examined by the trial court and statement of the applicant has been recorded u/s 313, Cr.P.C., it shall not be proper to consider and appreciate the statement of the witnesses because it shall prejudice the mind of the trial court and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. Therefore, the prayer for bail is refused.

Accordingly this application is rejected.