HONBLE ANIL KUMAR,J. - (1.) Heard learned counsel for the accused-appellant and Ms. Nand Prabha, learned A.G.A. through video conferencing.
(2.) The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR registered at Case Crime No.130/2019, under Sections-302, 404 I.P.C., Police Station-Bangermau, District-Unnao.
(3.) On 29.04.2020, this Court has passed an order, which reads as under :- "Heard Sri S.P. Singh, learned Additional Government Advocate through Video Conferencing and perused the written arguments filed by Sri O.P. Tiwari, learned counsel for the applicant/ Shyamu @ Shyam Kumar. Present bail application has been placed before me by the Registry as per order passed by the competent authority/ Senior Judge. This bail application has been moved on behalf of the accused-applicant/ Shyamu @ Shyam Kumar in Session Trial No. 160 of 2019 (Case Crime No.130 of 2019) under Sections 302, 404 I.P.C., Police Station- Bangermau, District Unnao. Learned counsel for the accused-applicant has pressed the bail application of the accused-applicant on the following points:- 1.That according to the prosecution story as narrated in the first information report alleging therein that complainant brother Bablu aged about 20 years was taken by the accused persons on 21.03.2019 and thereafter he has not came back and at night 11 p.m. when he asked from the house of accused person, but they were not available at their house and at morning body of his brother was found in the field of Amit Yadav, murder of his brother has been committed by the accused persons by stone. 2.That applicant is innocent and he has falsely been implicated in the present case. 3.That as a matter of fact decease was habitual drinker and he surely meet with accident or any other persons has committed the crime, but due to village party bandi applicant is falsely roped in the present case. 4.That From perusal of the First Information Report, it is crystal clear that the complainant is not the eye witness and no person has seen the occurrence and the dead body of the deceased has been found in the filed and the case based on circumstantial evidence. 5. That the inquest report has been prepared on 22.03.2019 and the post mortem of the deceased has been conducted on the same day, in which cause of death has been found due to anti mortem head injury and according to post mortem report ten injuries have been found on the body of the decease." Sri S.P.Singh, learned Additional Government Advocate prays for and is granted time to seek instructions in the matter in question by the next date of listing. List the matter in the week commencing 11.05.2020." ;