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2025 DAILYLAW 6839 (ALL)

ABHINESH v. STATE OF U.P.

BAIL/1186/2025 · 2025-01-16

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6991 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1186 of 2025 Applicant :- Abhinesh Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Devendra Kumar Singh, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.279 of 2023 (S.T. No.599 of 2024), under Sections 302, 201 read with Sections 34 and 449 I.P.C., Police Station Kalyanpur, District Fatehpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is not named in the FIR and has been falsely implicated in the present case. He has nothing to do with the said offence. He has simply been made an accused on the basis of his own confessional statement before the police. It is a clear-cut case of circumstantial evidence without any direct or ocular evidence. There is no criminal history of the applicant. The applicant is languishing in jail since 11.11.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that there is clinching evidence against the applicant as the deceased was beheaded and the head and the lower part of her both hands were recovered at his pointing out, as such, the applicant is not entitled for bail. 6. After hearing learned counsel for the parties and taking into consideration the fact that there is recovery of head and lower part of both hands of the deceased at the pointing out of the applicant, I do not find it a fit case for grant of bail to the applicant. 7. The bail application is found devoid of merits and is, accordingly, rejected. 8. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 16.1.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad