RAVINDRA SINGH, J. - (1.) Heard Sri Akhilesh Srivastava, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Dileep Kumar, and Sri R.P.S. Chauhan, learned counsel for the complaint, and perused the record.
(2.) THIS application has been field by the applicant Angad Singh with a prayer that he may released on bail in case crime no. 94 of 2011 under sections147,148,149,302 I.P.C.P.S. Gabhana district Aligarh. The facts in brief of this case are that the F.I.R. has been lodged by Drug Pal Singh on 6.3.2011 at 10.00 a,m. in respect of the incident allegedly occurred on 6.3.2011 from 6.00 a.m. to 8.30 a.m. F.I.R. has been lodged on 6.3.2011 at about 6.00 a.m. The deceased Chandra Pal Singh had gone for morning walk, he did not return, then contact was made with him, he did not respond, thereafter, search was made and at about 8.30 a.m. the dead body of the deceased was found near the Junior High School,Bhakari, during investigation the name of the applicant came to light, according to the post mortem examination report the deceased has sustained six ante mortem injuries in which injury no.5 was gun shot wound of entry, its exit wound was injury no.6, the remaining injuries were incised wounds, the applicant applied for bail before the learned Sessions Jude, Aligarh who rejected the same on 24.6.2011.
(3.) IT is contended by the learned counsel for the applicant that the applicant is not named in the F.I.R.,the dead body of the deceased was found near the Junior High School, according to the F.I.R. the incident was not witnessed by any person but after 22 days of the alleged incident, applications were given in the police station concerned on 28.3.2011 and 29.3.2011 alleging therein that the applicants and other co-accused persons were seen in the company of the deceased by Prem Pal, Setyendra and Surendra Singh alias Sanju There is no eye witness account, thereafter, daranti was recovered at the pointing out of the applicant, the recovery of daranti was not supported by any independent witness, the applicant was having no motive or intention to committee the alleged offense. The co-accused Vikki alias Viswajeet has been released on bail by the learned Sessions Jude, Aligarh on 9.5.2011, confessional statement of the applicant has been recorded by the I.O. is wholly false and frivolous because the applicant has not made any confessional statement before the police, the applicant was involved in two criminal cases out of which he was acquitted in S.T. No.856 of 2010 under sections 302 I.P.C. on 6.2.2003, he has been convicted under section 324 I.P.C. in S.T. No. 7of 2008 against the order of conviction he has filed the criminal appeal no. 731 of 2011 in which he has been released on bail, the applicant is in jail since 30.3.2011,there is no chance of absconding of the applicant, therefore, he may be released on bail.;