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2025 DAILYLAW 89348 (ALL)

RAGHAV v. State of UP

BAIL/32165/2024 · 2025-05-16

Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82129 RESERVED ON 12.5.2025 DELIVERED On 17.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32165 of 2024 Applicant :- Raghav Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Singh,Santosh Kumar Rai,Vijay Babu Counsel for Opposite Party :- Ashish Pandey,G.A.,Randhir Jain Hon'ble Siddharth,J. Heard Sri Santosh Kumar Rai, learned counsel for the applicant; Sri Ashish Pandey and Sri Randhir Jain, 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, Raghav, with a prayer to release him on bail in Case Crime No. 1212 of 2023, under Section- 302,394,411,452 I.P.C., Police Station - Highway, District – Mathura. The allegations in the First Information Report are that wife of the informant was found dead in her house. She had received several injuries. The First Information Report was lodged by the informant against unknown accused at 00.20 hours. The applicant was arrested on the information given by the informer on the date of incident itself at 14.40.hours. Learned counsel for the applicant has submitted that name of the applicant came to light on the basis of suspicion expressed by the niece of the informant Sweta Jain. It is a case circumstantial evidence. Planted recovery of goods of the deceased were shown for falsely implicated the applicant. He has further submitted that statements of the P.W.1 and P.W.2 have been recorded before the trial court,therefore there is no chance of tampering the prosecution witnesses. Learned A.G.A. has vehemently opposed the submissions made by the learned counsel for the applicant and submitted that Kumari Sweta Jain , niece of the informant, has seen the applicant coming out from the flat of the deceased. She alleged that applicant is physiotherapist and used to visit the deceased. From the C.C.T.V. footage collected by the investigating officer also applicant is seen coming to the house of the deceased at 15.01 hours and going out of the apartment at 16.43 hours. Investigating officer has also collected the certificate under section 65-B of Evidence Act with regard to the C.C.T.V footage. 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 309 Cr.P.C.(New Section 346 B.N.S.S.) Order Date :- 17.5.2025 Atul kr. sri. 2 of 3 3 of 3 Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad