Paras Kumar vs. State Of U.P.

Case :- CRIMINAL APPEAL No. - 4627 of 2014

Appellant :- Paras Kumar Respondent :- State of U.P. Counsel for Appellant :- Atul Pandey,Sandeep Tripathi Counsel for Respondent :- Govt.Advocate,Sudhir Kumar Agarwal

Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Dinesh Pathak,J.

Heard learned counsel for the appellant and perused the record.

Pressing the bail application of the appellant, it is contended by learned Advocate of the appellant that no motive was assigned for the alleged crime in the whole prosecution story. Further three witnesses who claimed to be eyewitnesses are interested, related and inimical witnesses as they are brother and uncle of the deceased. It is wholly unbelievable that one person entered inside the house of the victim and committed murder infront of three persons. None of the other witnesses are injured nor there is any assertion of any of the prosecution witnesses that they made any effort to save the victim. Whole prosecution story is false in as much as the accused appellant has been implicated on account of some land dispute going on between the parties. The alleged weapon (knife) cannot be related to the crime as no human blood was found on it.

Considering the said submissions, noticing the evidence appreciated by the trial court, it is evident that the accused appellant was apprehended, and was handed over to the police from the spot of crime itself. The knife, which is stated to be murder weapon, was blood stained, though blood was found disintegrated and as such, it could not be ascertained as to whether it was human blood. The place of occurrence and the injuries on the person of the deceased are not disputed. The period of incarceration of the appellant in jail cannot be taken as a ground to seek bail as the first bail application has not been pressed for a period of more than five years. Repeated adjournments have been sought by the learned Advocate of the appellant on the bail application itself.

For the above, we do not find any good ground to grant bail to the appellant. The bail application is accordingly, rejected.

The appeal is of the year 2014. Lower court record has been received.

Office shall prepare the paper book within a period of four weeks from today.

List this appeal for final hearing/disposal on 24 March, 2020.

Order Date :- 12.2.2020 nd