A confession made to the police is admissible in evidence.

Reserved on:- 05.01.2023

Delivered on:- 10.01.2023

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32410 of 2022

Applicant :- Shailendra Kumar Agrawal@ Shailu

Opposite Party :- State of U.P.

Counsel for Applicant :- Akhilesh Singh,Shivam Yadav,Shubham

Agarwal

Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard Sri Shivam Yadav and Sri Shubham Agarwal, learned counsels for

the applicant and learned A.G.A. for the State.

The instant bail application has been filed on behalf of the applicant,

Shailendra Kumar Agrawal@ Shailu, with a prayer to release him on bail

in Case Crime No. 141 of 2022, under Section- 302 of the I.P.C., Police

Station - Bindki, District – Fatehpur.

There is allegation against four unknown accused persons that they have

caused the murder of the brother of the informant, Sant Kumar Agrawal,

and caused injuries to the nephew of the informant. His nephew was

found in injured position trapped under the salt gunny bags. The applicant

informed that four persons entered the shop of his father; two persons

dragged him inside the room while two persons caused murder of his

father.

The learned counsel for the applicant has submitted that the applicant is

the nephew of the informant who was also injured in the incident, but he

has been falsely implicated in this case on the basis of statements of the

witnesses recorded by the Investigating Officer. The cause of death of the

deceased was found to be ante-mortem strangulation. In the confessional

statement of the applicant, it has come that the applicant hired one, Neeraj

@ Loha, to murder his father. One nylon rope used in the alleged crime

was recovered on pointing out of co-accused, Neeraj @ Loha. The

applicant himself was injured by the accused persons and on the false

allegation of money dispute with his father, he has been falsely

implicated. From the ledger book of the deceased, father of the applicant,

number of pages were torn and missing which related to the commercial

transactions. The persons, who owned money of the deceased, have

caused his murder and removed the pages of the ledger, so as to wipe out

any evidence of debt. The applicant has been implicated in this case on

the basis of his extra judicial confession before the Police. He has no

criminal history and he is in jail since 14.04.2022.

Per contra, learned A.G.A. has opposed the submissions made on behalf

of the learned counsel for the applicant. He has pointed out to the

statements of the independent witnesses recorded by the Investigating

Officer who stated that they have not seen anyone coming to the shop of

the deceased and the applicant. They have their shops near the shop of the

applicant and his father. Evidence was also collected that the co-accused,

Neeraj @ Loha, used to come to the shop of the deceased for last many

days. The recovery of the rope used in the alleged offence was recovered

from the co-accused, Neeraj @ Loha. Blood strain clothes were also

recovered from co-accused. Learned A.G.A. has submitted that there is

ample evidence of commission of alleged crime against the applicant, so

it is not a fit case for granting of bail to the applicant and opposed the

prayer for bail of the applicant by contending that the innocence of the

applicant cannot be adjudged at pre trial stage, therefore, he does not

deserves any indulgence. In case the applicant is released on bail he will

again indulge in similar activities and will misuse the liberty of bail.

After hearing the rival contentions, this Court finds that the applicant has

confessed before the police that he was not happy with his father since he

used to take away all the earnings from him and pay him Rs. 200-300 like

labour. His father used to give money to his mother and disabled brother,

Puneet Agrawal. Number of times, verbal altercations took place between

the father and son, and thereafter, he decided to eliminate him.

This Court does not finds any ground for enlarging the a