RAMBABU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Diwan Saifullah Khan, learned counsel for the applicant and the learned A.G.A. Perused the record.

(2.) The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.19 of 2021, under Ss. 302 and 34 of I.P.C., Police Station-Bhelupur, District-Varanasi after rejection of his Bail Application vide order dtd. 5/4/2021 passed by learned Sessions Judge, Varanasi.

(3.) Learned counsel for the applicant submits that initially an F.I.R. was lodged against unknown persons on 10/1/2021 when the dead body of the deceased was found one day before i.e. 9/1/2021. After two days, first informant alleged that co-accused Rajesh had illicit relationship with the wife of the deceased and he was the person who has committed murder of his son. Subsequently, applicant and co-accused Rajesh were arrested. Co-accused Rajesh gave a confessional statement wherein the role of the applicant was alleged to be of taking the co-accused on his motorcycle after committing murder of the deceased. After a period of three months, an alleged eye witness who was also the witness of Panchnama recorded his statement alleging that the applicant has also actively participated in the occurrence of murder of the deceased. It is also submitted that in the CCTV footage only one person is seen who caused death of the deceased and it is further seen that the said person after walking for some distance went on a motorcycle driven by other person. There is no eye witness to the offence. There is no motive for the applicant to commit the crime. The case of the applicant is distinguishable from the case of co-accused Rajesh. The applicant has no other reported criminal antecedent and he is languishing in jail since 17/1/2021, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.