S.C.AGARWAL,J. - (1.) THIS is the first bail application on behalf of the applicant Vikraant @ Khali involved in Case Crime No. 1384 of 2009, under sections 302, 404, P.S. Nai Mandi, District- Muzaffarnagar. Heard Shri Rajul Bhargava, learned Counsel for the applicant, learned AGA for the State, Sri Onkar Singh, learned Counsel for the complainant on 24.5.2010 and pe­rused the record. Learned Counsel for the applicant submitted that the applicant is not named in the FIR. There is no direct evidence of murder and the case rests on circumstantial evidence. It is further submitted that the chain of circumstances is not complete. Cir­cumstances against the applicant are of last seen in the company of the deceased, extra-judicial confession before Prahlad Singh and Ranvir and recovery of Purse, Identity-card and ATM card of the deceased from the possession of the applicant. It is submit­ted by the learned Counsel for the appli­cant that the alleged extra-judicial confes­sion alleged to have been made before the witnesses Prahlad Singh and Ranvir, who could not have any influence on the police or the witnesses, and there was no occasion to make a confession before them.
(2.) LEARNED AGA and learned Coun­sel for the complainant submitted that the deceased had gone to Muzaffarnagar on 25.8.2009 at about 9 A.M., but later on in­formed that he would not be returning home that day. On 24th August, 2009, the dead body of Ankit Kumar was found. Just after three days, the statement of witnesses Shakti Singh and Kapil Kumar were re­corded by the Investigating Officer, who stated that they had seen the deceased on 26.8.2009 at 8 P.M. in the company of the deceased Ankit going on a motor-cycle. Motor-cycle was being driven by Vikrant @ Khali. The deceased was sitting in the middle and co-accused Amar Singh @ Banti was sitting behind. All of them were com­ing from the side of Bhopa bridge. It is further contended that applicant and co-accused came to witness Prahlad Singh alongwith one Ranvir and made extra-judical confession. The reason disclosed for committing the murder was that the de­ceased had developed illicit relationship with sister of Amar Singh @ Banti. It was further contended that the applicant was arrested on 7.9.2009 and Purse, Identity-card and ATM card of the deceased was recovered from the possession of the appli­cant. It was mentioned in the FIR that the deceased had Mobile No. 9927680520 and ATM card with him. Though the applicant is not named in the FIR, the case was worked out by. the police promptly. The applicant was last seen in the company of the deceased. There was motive for the crime. The appli­cant made extra-judicial confession before Prahlad in presence of Ranvir and Purse, ATM card and Identity-card were recov­ered from the possession of the applicant. Considering all the facts and circum­stances of the case, the submission made by learned Counsel for the parties, gravity of the offence and nature of the circumstantial evidence, I do not find it to be a fit case to enlarge the applicant on bail. The application for bail is rejected.;