KAILASH GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed seeking the release of the applicant on bail in Case Crime No.10 of 2015, u/s 302/120B I.P.C., Police Station-Sadar Bazar, District-Mathura.

(2.) Heard Shri Dharmendra Singhal, learned counsel for the applicant assisted by Shri Ankit Agarwal, and Shri Vimlendu Tripathi, learned A.G.A. for the State.?

(3.) Submission of counsel for the applicant is that the applicant is a government employee and was posted as Bandi Rakshak in District Jail, Mathura at relevant point of time. Further submission is that the applicant is in government service since 2006 and has never been subjected to any departmental or criminal proceedings and has performed his duties regularly with utmost sincerity. It has been further submitted that the implication of applicant is the result of collusion of higher authorities of Jail Department with the informant in order to save the higher authorities and other employees of the Jail. It has been contended by counsel that one wrangle took place on 17.01.2015 within the premise of District Jail, Mathura between the two set of prisoners, in which firearm was used and few prisoners had received serious injuries resulting into death of one prisoner. It has been also submitted that the said incident, which occurred within the premise of District Jail Mathura, was an outcome of administrative lapses of jail authorities and the applicant had no concern at all with the said incident. The next submission is that a false recovery was planted on the applicant to strengthen the case of informant by showing recovery of Rs.20,000/- and a bottle of oil on the pointing out of accused-applicant. Further submission is that in fact the said amount of Rs.20,000/- belonged to the applicant and said amount was given by the applicant to his bhanja namely Ved Prakash Gupta for his personal work on 21.10.2014 by withdrawing the same from A.T.M. and said money was returned back by his bhanja by withdrawing it from his account through cheque. Submission is also that the mobile number assigned to the applicant during the course of investigation is not allotted in the name of applicant and in fact there is no evidence against the applicant in the entire case diary and the applicant is languishing in jail since 19.01.2015 and hence, the applicant is entitled to be released on bail.