BHEEKA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A.

(2.) The instant bail application has been filed on behalf of the applicant Bheeka, with a prayer to release him in Case Crime No.29 of 2021, under Sec. 147, 148, 302, 201, 34, 120B I.P.C., Police Station Basai Jagner, District Agra, during pendency of the trial.

(3.) The allegations in the First Information are on 3/10/2021 at about 4.00 a.m. son of the informant namely Rahul Singh went to morning walk but after so many hours when he was not come back, a missing report had been lodged on 4/10/2021. On 10/10/2021 police recovered dead body of deceased Rahul Singh from a well. The allegation against the applicant is not specific. General allegations of conspiracy against five persons including Bheeka (applicant) have been levelled. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. There is no evidence regarding hatching conspiracy and there is no direct evidence against the applicant. It is further submitted that co-accused Chandrabhan has already been enlarged on bail by co-ordinate Bench of this Court vide order dtd. 7/4/2022 passed in Crl.Misc.Bail Application No.12293 of 2022. The applicant is not a member of any gang. The applicant is in jail since 4/5/2022. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and co-operate in trial.