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Neutral Citation No. - 2025:AHC:75659 Reserved On:- 06.05.2025 Delivered On:- 09.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12447 of 2025 Applicant :- Abhijeet Alias Babu Opposite Party :- State of U.P. Counsel for Applicant :- G.A.,Priti Verma,Siya Ram Verma Counsel for Opposite Party :- Anil Kumar Pathak Hon'ble Siddharth, J.
1. Heard Sri S. R. Verma, learned counsel for the applicant, Sri Anil Kumar Pathak, learned counsel for informant, learned A.G.A for State and perused the material on record.
2. The instant bail application has been filed on behalf of the applicant, Abhijeet Alias Babu, with a prayer to release him on bail in Case Crime No. 166 of 2024, under Sections- 238, 103(1), 309(6), 317(2), 3(5) B.N.S., Police Station- Sikandara, District- Kanpur Dehat.
3. There are allegations in the F.I.R that the son of informant has a mobile shop. On 17.08.2024 he was returning after closing his shop on motorcycle. Informant called him and he informed that he is in Auraiya and will come to the house by 09:00 p.m but when he did not came his search was launched by his family members. When call was made on his phone it was picked by Ankit resident of Nasirpur. He informed that he has got the mobile of Pankaj on the road. Thereafter, his motorcycle was recovered on the canal road at 12:30 p.m and dead body of deceased, Pankaj, was found in the canal with injuries on head and hands caused by incised weapon. Hence, F.I.R was lodged against unknown accused.
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Learned counsel for the applicant submits that no one was named in the F.I.R. The looted goods and cash have been recovered from the house of co- accused, Navneet @ Bholu and Pranjul @ Bholu, and they have disclosed the name of applicant and co-accused, Ajay. He has submitted that except the co- accused taking name of the applicant and co-accused, Ajay, there is no evidence against the applicant. There is no recovery from the applicant on his pointing out. P.W.-1, Rajendra Kumar, has been examined and has stated that it were co- accused, Pranjal and Navneet, who disclosed the name of applicant and co- accused, Ajay. He has submitted that it is a case of false implication of applicant.
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Learned counsel for the informant has vehemently opposed the bail application along with learned A.G.A. They have submitted that from the recovery memo, it is clear that the applicant was arrested along with co-accused, Pranjul and Navneet, and incriminating recovery of made from the house of Pranjul. The cash of Rs. 3,60,000/-, one tablet and mobile phone, besides other documents proving the identity of deceased were recovered on their pointing out and all of them admitted that they had planned to commit the robbery of the bag of deceased filled with cash and other goods.
6. After considering the rival contentions, this court finds that there is ample evidence against the applicant. It 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 :- 09.05.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad