Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89152 Reserved on 21.5.2025 Delivered on 26.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40577 of 2024 Applicant :- Deepak Alias Deepu Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Rajesh Kumar Gautam,Yogesh Kumar Srivastava Counsel for Opposite Party :- Vikas Kumar Chaubey,G.A.,Manish Mishra,Surendra Prasad Mishra Hon'ble Siddharth,J. Heard Sri Rajesh Kumar Gautam, learned counsel for the applicant; Sri Vikas Kumar Chaubey, learned counsel for the informant; learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Deepak Alias Deepu, with a prayer to release him on bail in Case Crime No. 416 of 2024, under Sections 302, 201, 34, 404, 420, 379, 411 IPC and 66-C I.T. Act, Police Station Tundla, District- Firozabad, during pendency of trial. There are allegations in the FIR against unknown accused that brother of the informant, Dharmveer Singh, aged about 26 years, on 29.6.2024 went to purchase vegetable at 4:00 p.m., but he did not returned. On 30.6.2024, dead body of the deceased was recovered and identified by the informant and other family members.
Learned counsel for the applicant has submitted that on 02.7.2025, brother of the deceased moved an application before the police station naming the applicant as an accused. On 3.7.2025 he was arrested alongwith other co-accused, namely, Bhola @ Munesh and Lahti @ Vishnu and from the possession of the applicant, Rs.38,000/- was recovered and one Gamchha and brick were also recovered on his pointing out. Learned counsel for the applicant has submitted that the deceased went to purchase vegetable and therefore, he did not took place Rs.38,000/- with him. It was kept in the house of the applicant being his money, which was shown by the police as false recovery. He has further submitted that Gamachha and brick alleged recovered were planted by the police to falsely implicate the applicant. The applicant is in jail since 4.7.2024 and he has no previous criminal history to his credit.
Learned counsel for the informant and learned AGA hve vehemently opposed the prayer for bail of the applicant. They have submitted that there is clear evidence collected by the Investigating Officer to the effect that after committing the offence of murder of the deceased, amount of Rs.99,000/- transferred from his UPI ID password to the account of the applicant and therefore, amount of Rs.38,000/-
recovered from him was part of the same money. 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 346 B.N.S.S./309 Cr.P.C.
Order Date :- 26.5.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad