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2025 DAILYLAW 91292 (ALL)

MAHESH KUMAR v. State of U.P.

BAIL/32584/2024 · 2025-05-22

Siddharth

body2025

Judgment text

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1 Neutral Citation No. - 2025:AHC:88450 Reserved On:- 16.05.2025 Delivered On:- 23.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32584 of 2024 Applicant :- Mahesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Singh,Vijay Laxmi Counsel for Opposite Party :- G.A.,Vivek Kumar Singh Hon'ble Siddharth, J. 1. Heard Sri Dharmendra Kumar Singh, learned counsel for the applicant, Sri Vivek Kumar Singh, learned counsel for the informant; Ms. Manju Thakur, learned A.G.A-I for the State and perused the material on record. 2. The instant bail application has been filed on behalf of the applicant, Mahesh Kumar, with a prayer to release him on bail in Case Crime No. 02 of 2024, under Sections- 302/34 IPC and Section 3/25 of Arms Act, Police Station- Jalalpur, District- Jaunpur. 3. There is allegation in the F.I.R against unknown accused that the son of informant, Tilakdhari, has opened a hospital in the year 2018 and was residing on fourth floor of the same. Today on 04.01.2024 between 2:15 and 2:30 hours, he was shot dead by some unknown accused. 4. Learned counsel for the applicant submits that the applicant was not named in the F.I.R. On the basis of information given by informer, name of co-accused, Kishan Singh, surfaced who was alleged to be having rivalry with applicant because of hospital business between the two. The name of applicant was disclosed by cousin of the deceased, Abhishek 2 Patel. He stated that Kishan Singh has got the murder of the deceased committed by the applicant whom he had seen talking together earlier. He further stated that Kishan Singh and deceased earlier used to run a hospital together but later they separated. While the hospital of deceased was running well, Kishan Singh’s hospital was not running well and hence he got the murder of the applicant conducted. The police found that the applicant was seen prior to the incident in his house but not thereafter. Subsequently, the photograph of shoes of applicant recovered from the place of incident. His shoes was matched with the shoes in photograph of the applicant found in C.C.T.V footage and he was arrested on. A motorcycle and recovery of a country made pistol was shown from him. His confessional statement was recorded wherein he stated that Rs. 5 lacs was agreed to be given to him for executing the murder of deceased. He has received Rs. 20 thousands along with co-accused, Mangesh Yadav and Anuj Yadav and thereafter on the date of incident Rs. 25,000/- was again given him in cash. 5. Counsel for the applicant also submits that the applicant had no motive to commit the alleged offence. He has not been identified by C.C.T.V. footage collected by the police. He has criminal history of two cases. One of minor nature and the other of murder. 6. Learned counsel for the informant has pointed out that Case Crime No. 560 of 2024 has been lodged against the applicant and co-accused because they attacked the police when they were brought from lockup to the court. He has further submitted that the bail applications of co-accused, Anuj Yadav and Kishan Singh, have already been rejected by the coordinate Bench of this court. 7. This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage. 3 8. The bail application is accordingly, rejected. 9. 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 :- 23.05.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad