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2025 DAILYLAW 28561 (ALL)

MUKESH BELDAR @ POKAI AND ANOTHER v. State of UP

BAIL/7778/2024 · 2025-05-19

Siddharth

body2025

Judgment text

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1 Neutral Citation No. - 2025:AHC:84997 Reserved On:- 13.05.2025 Delivered On:- 20.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7778 of 2024 Applicant :- Mukesh Beldar @ Pokai And Another Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kumar Singh,Kamlesh Kumar Tiwari,Sudhir Kumar Tripathi Counsel for Opposite Party :- Damodar Singh,Devendra Vikram Singh,G.A. Hon'ble Siddharth, J. 1. Heard Sri Gaurav Kumar Singh, learned counsel for the applicants, Sri Devendra Vikram Singh, learned counsel for the informant, Sri G. N. Kanaujiya, learned AGA for the State and perused the material on record. 2. The instant bail application has been filed on behalf of the applicants, Mukesh Beldar @ Pokai and Daya Shankar Beldar, with a prayer to release them on bail in Case Crime No. 384 of 2023, under Sections- 147, 148, 323, 452, 302 IPC, Police Station- Sikriganj, District- Gorakhpur. 3. There is allegation in the F.I.R that the grandson of the informant was watching mobile phone with some boys and suddenly the applicant, Mukesh Beldar, started pressing the neck of his grandson, Sachin. When he raised alarm his mother, Kusum, came and tried to save him on which the applicant and co-accused, Daya Shankar, started beating her by lathi danda and bricks. When the informant went to save them he was also beaten by Daya Shankar. Thereafter, they went to their house. After sometimes the applicant and other co-accused again came to the house of 2 informant and beated the informant and Kusum mercilessly and they suffered grievous injuries. Kusum died while the informant was treated in B.R.D. Medical College, Gorakhpur. 4. Learned counsel for the applicants submits that it is a case of false implication of applicants. They are in jail since 03.12.2023 and have been falsely implicated in this case because of land dispute between the parties. There is no eye-witness of the incident. 5. Learned A.G.A has opposed the submission made by counsel for the applicants and has submitted that the prosecution case is fully established. The evidence has begun and four prosecution witnesses have been examined before the trial court. 6. After considering the material on record and allegation made against the applicants, this Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage. 7. The bail application is accordingly, rejected. 8. 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 :- 20.05.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad