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2025 DAILYLAW 90867 (ALL)

RAM NIWAS ALIAS DILIP v. STATE OF U.P.

BAIL/32829/2024 · 2025-05-25

Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88948 Reserved On:-19.05.2025 Delivered On:-26.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32829 of 2024 Applicant :- Ram Niwas Alias Dilip Opposite Party :- State of U.P. Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi Hon'ble Siddharth,J. Heard Ved Prakash Pandey, learned counsel for applicant; Sri Vinay Kumar Tripathi, learned counsel for informant; Ms. Manju Thakur, learned AGA-Ist for State and perused the material on record. The instant bail application has been filed on behalf of the applicant, - Ram Niwas Alias Dilip, with a prayer to release him on bail in Case Crime No. 208/2023, under Section- 302, 201, 120- B and 404 of I.P.C., Police Station - Ram Chandra Mission, District- Shahjahanpur. There are allegations in the F.I.R. that the sister of the informant, Poonam, aged about 30 years had left the house on 18.04.2023 without informing anyone. Her missing report was lodged on 26.04.2023 at police station- Ram Chandra Mission, while leaving the house his sister was wearing some jewellery. After inquiry it was found that his sister had friendship with a woman, co-accused, Priti Sagar, and because of his friendship with Priti Sagar, she was not willing to marry. The applicant, Ram Niwas @ Dileep, used to visit the house of Priti Sagar and was exorcist. The aforesaid person took her to the jungle on promise that with the help of his knowledge of exorcism he will convert her from female to male. He committed the murder of his sister in the jungle. On 18.06.2023, they came to know about the recovery of a skeleton and it was identified by the clothes. Hence, F.I.R., was lodged against the applicant and co-accused on 19.06.2023. Learned counsel for the applicant submits that the deceased left the house on 18.04.2023 up to 26.04.2023. No information was given to the police. After the recovery of bones in the jungle, the applicant has been falsely implicated in this case. Learned AGA and learned counsel for informant have vehemently opposed the bail application and have submitted that the investigating officer has collected evidence, the bones collected in the jungle for matching with the DNA sample of the father and mother of the deceased. As per F.S.L., report samples have matched. It was found that the deceased was having lesbian relationship with co-accused, Priti Sagar. The C.D.R., of mobile number of the deceased, co-accused, Priti Sagar and the applicant proved that they were talking to each other. The duppatta of the deceased was recovered alongwith dead body. In the confessional statement of the applicant proves his involvement in the case. The talking of co-accused, Priti Sagar and the applicant on mobile phone from 03.04.2023 to 31.05.2023 was also found. Their locations were also found together on 18.04.2023 when the deceased left her house without informing anyone. 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.) Registrar(Compliance) is directed to communicate this order to the concerned court below within ten days. Order Date :- 26.5.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad