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Allahabad High Court · body

2009 DIGILAW 2006 (ALL)

DINESH KUMAR VERMA v. STATE OF U P

2009-05-05

ALOK KUMAR SINGH

body2009
ALOK K. SINGH, J. Heard the learned counsel for the applicant, learned A. G. A. and perused record. The applicant is involved in Case Crime No. 5403 of 2008, under Sections 302, 201 I. P. C. , Police Station Kotwali Lakhimpur Kheri. , District Lakhimpur Kheri. It is submitted on behalf of the applicant that the entire prosecution story is patently unbelievable and it is based on circumstantial evidence which does not constitute a complete chain. According to the prosecution story the complainants son Bablu (deceased) aged about 25 years, had gone to Lakhimpur Kheri from Haldwani on 25. 11. 2008 in the evening and when he did not return then on 03. 12. 2008 the complainant along with his son Pankaj and Raju came out to make a search and while they were coming to Lakhimpur, then on railway station Bhojpur one Smt. Poonam, wife of the accused-applicant suddenly met them around 1. 00 A. M. In the night and told that on Sunday the complainants son has been killed by her husband with the help of one Ram Naresh alias Siya Ram and Akshay Lal (both co-accused ). She also told that after killing the deceased they wrapped his dead body in a blanket and threw in the river. She further told that for two days she was kept inside a room but when her husband went to ease out she fled away from there. It is said that in fact the wife of the applicant herself is a lady of easy virtues and she was having intimate relationship with the deceased Bablu. The applicant-husband had lodged a report in that regard under Sections 498 I. P. C. On 05. 07. 2008 saying that she has eloped with the deceased Bablu. It is said that therefore it ia apparent she has been planted as a witness in this case and has no credence. It is also pointed out that the complainant was coming down from Haldwani to Lakhimpur Kheri while Smt. Poonam wife of the applicant is said to had been going upwards from Kheri to Haldwani. It will amount to a much of co-incidence that she got down at a particular Railway Station namely Bhojpur and not only that she could also locate the complainant sitting in a different train coming from opposite direction and told about the complicity of her husband. It will amount to a much of co-incidence that she got down at a particular Railway Station namely Bhojpur and not only that she could also locate the complainant sitting in a different train coming from opposite direction and told about the complicity of her husband. It is further submitted that as far as the other set of witnesses in respect of co-accused persons taking away the dead body wrapped in the blanket is concerned, they have come forward after a gap of about 12 days of the incident. It is said that there is no criminal history against him. He is said to be in jail from 08. 12. 2008. The bail is however, opposed by learned A. G. A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and having regard to the discussion made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Dinesh Kumar Verma) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned. .