LAWS(ALL)-2016-4-325

CHANDRAKESH SINGH @ JHINKOLEY Vs. STATE OF U P

Decided On April 19, 2016
Chandrakesh Singh @ Jhinkoley Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri Akhilesh Kumar Mishra, learned counsel for applicant, Sri Prakash Veer Tripathi, learned counsel for the informant, learned A.G.A. for the State and perused the record.

(2.) Applicant- Chandrakesh Singh @ Jhinkoley seeks bail in Case Crime No.790/2014, under Sections 302/201/120-B IPC, P.S. Walterganj, Basti.

(3.) It is submitted that the case of the prosecution is based on last-seen evidence. The submission further is that the testimonies of Moti Ram and Sushila Devi, who are alleged to have heard the applicant conversing with co-accused Ram Dulari and Shobha Devi on 3.8.2014 that let Urmila Devi, the victim come, she would be eliminated, and subsequently the dead body of the victim was discovered from the sugar-fields on 4.8.2014 at about 2.00 PM, and if they were the witnesses to the alleged conversation, reason for they being a mute spectator for almost a day, is under grave suspect. It is further submitted that applicant was falsely implicated on account of a land dispute pending between him and the informant. It is finally submitted that the applicant has no previous criminal history, is in jail since 7.8.2014, trial is not likely to be concluded in the near future, he be released from the jail.