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Neutral Citation No. - 2025:AHC:66928 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11377 of 2025 Applicant :- Ankit Chamar Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Prasad Counsel for Opposite Party :- Anjeet Singh,G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, Sri Rajendra Singh learned A.G.A. for the State and perused the entire material available on record.
2. The applicant-Ankit Chamar has filed the instant bail application with a prayer to enlarge him on bail in Crime No.648 of 2024, under Sections 140 (1), 238, 3(5) B.N.S., Police Station Kotwali Karwi, District Chitrakoot during the pendency of the trial.
3. The prosecution story in brief is that the informant lodged a missing report dated 08.10.2024 stating therein that his son Abhuday Singh alias Roshan is missing since 05.10.2024. On search, he came to know that Priya Singh in collusion with her ex- lover namely, Ankit Chamar (applicant) had called his son and kidnapped his son. It was seen on the C.C.T.V. footage that his son was going with them in the night towards bridge of Yamuna river. He belief that after kidnapping his son, both of them after committing maarpeet has thrown her in the river.
4. Learned counsel for the applicant submits that the incident is alleged to have occurred on 05.10.2024 whereas F.I.R. was lodged registered on 08.10.2024, however F.I.R. was lodged on 16.10.2024 without there being any plausible explanation of such an inordinate delay. He further submits that there is no independent eye witness of the alleged incident and merely on the basis of suspicion as well as confessional statement of the co-accused Priya Singh, the applicant has been roped in the instant case. Learned counsel further argued that the dead body was found on 24.12.2024 in the jungle of one Parana Babu, which was identified by the parent of the deceased. Learned counsel further argued that it is not known as to whether the recovered dead body was of the
informant's son or not and that the DNA report is still awaited. It is thus argued that the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in
order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 17.10.2024. It is thus contended that the applicant is entitled for bail.
5. On the other hand, learned A.G.A. for the State has contended that the applicant was last seen with deceased, thus there is specific allegation against the applicant and therefore, the applicant is not entitled for bail. He further submits that there is a certification of Section 65 of the I.T. Act.
6. Perusal of the record shows that the applicant along with co- accused Priya Singh were last seen in the C.C.T.V. footage with the deceased and as per C.D.NO.21Ka, it has also been noted that the kidnapee and the co-accused Priya Singh had conversed with each other. The applicant and the co-accused Priya Singh were also seen carrying on the deceased towards the Yamuna river, which is also supported by the statement of witnesses.
7. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused-applicant.
8. Accordingly, the bail application stands rejected.
9. The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
Order Date :- 29.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad