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Neutral Citation No. - 2025:AHC:88839 Reserved on 21.5.2025 Delivered on 26.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39211 of 2024 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Prasad,Dhirendra Kumar Srivastava,Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.,Kranti Pratap Singh,Kulveer Singh Hon'ble Siddharth,J. Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant; Shri Kulveer Singh, learned counsel for informant and the learned A.G.A. for the State. The instant bail application has been filed on behalf of the applicant, Rahul, with a prayer to release him on bail in Case Crime No. 146 of 2024, under Section- 302,201 I.P.C., Police Station - Bhopa, District - Muzaffar Nagar. There are allegations against the applicant that he went with deceased on his motorcycle . After working in the company on 2.6.2024 deceased never reached back to his house. On 5.6.2024 the applicant got the motorcycle of the deceased recovered from Gang Nahar Canal and his body was recovered on
8.6.2024. It was alleged that applicant has caused the murder of brother of the informant and threw the dead body and motorcycle in gang Nahar. From the C.C.TV. footage it was found that deceased and the applicant were seen on motor cycle going on Baseda road. Motor cycle was driven by the deceased, brother of the informant, while applicant was sitting on pillion. On same date i.e., 2.6.2024 applicant was seen coming back on foot with a bag and talking on mobile phone after seven minutes.
Learned counsel for the informant has submitted that within seven minutes applicant threw the deceased
alongwith motorcycle in the Gang Nahar Canal and thereafter returned.
Learned counsel for the applicant rejoined and submitted that within seven minutes the alleged offence can not be done,since when dead body of the deceased was recovered it was naked, therefore, within seven minutes deceased could not have been disrobed and thrown in Gang Nahar Canal alongwith motorcycle. Learned A.G.A. has filed counter affidavit stating that witnesses Sandeep Sani, Dinesh, and Deepak Sani have given statements stating that motorcycle of the deceased met an incident with swift car and they took Rs. 30,000/- from the person who was driving the motorcycle thereafter he was let of.
Learned counsel for the applicant has further pointed out that independent witnesses, Alok Kumar and Mool Chand have stated before the police that applicant has confessed his crime before them.He admitted throwing the deceased in the Gang Nahar Canal and thereafter his motorcycle. This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage. The bail application is accordingly, rejected. The trial court is directed to conclude the trial against the applicant as expeditiously as possible, as per section 309 Cr.P.C.(New Section 346 B.N.S.S.)
Order Date :- 26.5.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad