Court No. - 53

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31319

of 2021

Applicant :- Shubham Pathak

Opposite Party :- State of U.P.

Counsel for Applicant :- Bachchu Lal Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the record.

The present bail application has been filed by the applicant in

case crime no. 0093 of 2020, under Sections 302, 394, 411 IPC,

P.S. Kamla Nagar, District Agra, with the prayer to enlarge him

on bail.

It has been argued by the learned counsel for the applicant that

applicant is innocent and he has been falsely implicated in this

case. It was stated that alleged incident has been shown of

20.11.2020 at 17:00 hours while the first information report was

lodged at 19:45 hours against applicant without any details of

parentage and address of applicant. Learned counsel submitted

that the applicant was arrested on 20.11.2020 and after that

applicant was falsely shown to have been arrested in one

encounter case of 21.11.2020. Learned counsel submitted that

statements of children of informant are not reliable and in fact

they have made tutored statements. It was submitted that the

alleged recovery shown from the applicant is thoroughly false

and baseless. Lastly, it was submitted that the applicant is

languishing in jail since 21.11.2020 and that in case the

applicant is released on bail, he will not misuse the liberty of

bail and cooperate in the trial.

Learned A.G.A. has opposed the prayer for bail and argued that

there is evidence against the applicant that he has committed

murder of deceased by assaulting her with knife and he has

committed robbery. Learned A.G.A. has pointed out the

statements of two minor children of deceased, who have clearly

stated that deceased was assaulted and murdered by the

applicant.

Considering the submissions of learned counsel for the parties,

nature of accusation, gravity of offence and all attending facts

and circumstances of case, the applicant is not entitled to be

enlarged on bail. Hence, the bail application of applicant

Shubham Pathak is hereby rejected.

Order Date :- 31.8.2021

A. Tripathi