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2025 DAILYLAW 10212 (ALL)

BITTU ALAIS RAHUL KUMAR v. STATE OF U.P.

BAIL/2307/2025 · 2025-05-06

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74060 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2307 of 2025 Applicant :- Bittu Alais Rahul Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Dhirendra Kumar Srivastava, learned counsel for applicant and learned AGA for State. 2. This is 2nd bail application. The first bail application was rejected vide order dated 07.05.2024. 3. The applicant is facing trial of a serious offence of murder. According to status report dated 07.02.2025, submitted by Trial Court, out of 22 proposed prosecution witnesses, 3 have been examined and trial may be concluded in one year. The applicant is in jail since 29.09.2022 i.e. for 2 years and 6 months. 4. Learned counsel submits that there is no eye-witness account; parents of deceased were not acquainted with applicant; CCTV footage does not correlate with timing of murder of deceased; relatives of deceased were present during inquest but no suspicion was disclosed; therefore, applicant may be released on bail. 5. Learned AGA submits that applicant was acquainted with deceased; he was putting pressure on deceased to marry but she refused and to take revenge, applicant committed crime; on pointing out of applicant, incriminating articles were recovered; cause of death was asphyxia due to ante-mortem throttling. 6. I have considered above submissions and perused the records. 7. In present case, there is a CCTV footage that applicant was at the place of deceased at relevant time and according to post mortem report, probable time since death was about one day, which correlate with timing of CCTV footage. Statement of Dolly Kumari, room partner of deceased is still not recorded who has stated in her statement recorded under Section 161 Cr.P.C. about relationship of applicant with deceased and that he put pressure on deceased for marriage, therefore, since applicant is also acquainted with her, therefore, there is likelihood that in case applicant is released on bail, he will try to influence said witness. Therefore, no case of bail is made out at this stage. 8. Accordingly, bail application is rejected. Order Date :- 7.5.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad