The Allahabad High Court has rejected the bail application of Banti alias Akash Gautam, accused in the murder of Sarvjit Tiwari in the Barsathi area of Jaunpur.
A Single Bench of Justice Siddharth passed this order while hearing a Criminal Misc Bail Application filed by Banti @ Aakash Gautam.
The bail application has been filed on behalf of the applicant, Banti @ Aakash Gautam, with a prayer to release him on bail in Case under Sections 302, 201, 427 IPC, Police StationBarsathi, District- Jaunpur, pendency of trial.
There is an allegation in the FIR that the son of the informant was murdered by an unknown accused on 23.02.2023 by sharp edged weapon causing injury on his head and face and his dead body was recovered from a village near a pond. Motorcycle of the deceased was also found lying near the place of incident and his mobile phone was also found crushed and thrown there.
Counsel for the applicant submitted that it is a case of false implication. The applicant had no concern with the deceased or the co accused. He has been implicated in this case on the basis of call details collected by the investigating officer and planted recovery of the axe has been shown from the joint pointing out of applicant and co-accused. He has no criminal history to his credit and has been in jail since 05.03.2023.
Counsel for the informant and A.G.A have vehemently opposed the bail application.
Counsel for the informant states that there is clear evidence against the applicant that he along with co-accused were present with the deceased on the place of incident. In C.D, the investigating officer found that on 22.02.2023 the deceased had talked to the applicant at 21:17 hours. The deceased was called on his mobile phone at 20:07 hours also. The deceased had also called on the mobile phone of the applicant. Most of the calls were made from the mobile phone of the applicant.
Counsel for the informant further submitted that confessional statements of the applicant are corroborated by recovery of country made pistols with cartridges on the pointing out of the applicant and co-accused. Motorcycles used by the applicant and co-accused in the commission of recorded crime were also alleged by the police.
“After considering the rival contentions, this court finds that the applicant has not made out any good ground for granting him bail at this stage”, the Court observed while rejecting the bail application.
The Court directed the trial court to conclude the trial of the applicant as expeditiously as possible preferably within a period of one year from the date of production of certified copy of the order.