- (1.) Leave granted.
(2.) This appeal by special leave is directed against order dated 29.8.2017 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application No. 3000 of 2017 granting bail to the accused-respondent No. 2 who was charged with the offence punishable under Section 302/34, IPC in Case Crime No. 376 of 2016.
(3.) The prosecution case, in brief, against Respondent No. 2 is that on the intervening night of 7th/8th September, 2016 the accused-respondent No. 2 along with other accused persons visited the house of complainant at about 2 am, called out his brother Prashant (deceased) and took him away on motor cycle in presence of eyewitnesses, on the pretext of some urgent matter and killed him after giving severe beatings and ran a tractor over the deceased after placing him on a cot. On a hue and cry made by the eyewitnesses, the accused ran away from the spot. The motive behind committing the crime is allegedly linked to previous financial transactions between the accused and the deceased. The FIR was registered against the accused at the instance of complainant-appellant herein at 7.30 a.m. on 8th September, 2016 for offences punishable under Section 302/34, IPC. The Investigating Officer made recoveries from the spot of occurrence and postmortem of deceased was done wherein the cause of death was specified as due to shock and hemorrhage.;