RAVINDRA SINGH,J. - (1.) HEARD Sri B.N. Singh, learned counsel for the applicant and the learned A.G.A.
(2.) THIS application has been filed by the applicant Ashok Rajpoot with a prayer that he may be released on bail in case crime no. 953 of 2006 (S.T. No. 80 of 2008) under sections 302,394,411 I.P.C. P.S. Kotwali Orai district Jalaun. It is contended by the learned counsel for the applicant that the F.I.R. has been lodged on 6.6.2006 at 3.30 p.m. in respect of the incident allegedly occurred on 5.6.2006 after 10.00 p.m. The applicant is not named in the F.I.R., the co-accused Ram Kishore Kushwaha was named in the F.I.R. during investigation the name of the applicant and other co-accused persons came into light, according to the statement of the witness deceased was seen in the company of the applicant, the evidence of last seen has been collected by the I.O. The applicant was apprehended by the police on 21.12.2006, it is alleged that he had made a confessional statement before the police, in the F.I.R. itself it is alleged that the deceased was serving as a driver with the co-accused Ram Kishore kushwaha, but on account of the death of the grand father of the deceased, he could not come on his duties that is why the co-accused Ram Kishore Kushwaha become too much annoyed, he came to the house of the first informant on 5.6.2006 at about 10 p.m., he took away the deceased forcible on his motorcycle, thereafter on 6.6.2006 at about 2.00 p.m. the first informant came to know that his son has been killed and his dead body is laying near the P.C.L. Godown during investigation the evidence of last seen has been collected by the I.O. there is no eye witness account, the applicant was seen along with other co-accused present at the place where the dead body of the deceased was recovered. There is no credible evidence against the applicant, the statement of P.W. 1 and P.W 2 have been recorded by the trial court, they have disclosed the name of the applicant. the applicant is an innocent person, he has been falsely implicated in the present case, because he was falsely implicated in some criminal case also, he is in jail since 21.12.2006.
(3.) IN reply to the above contention it is submitted by the learned A.G.A. that the trial of the applicant is in progress. In this case 19 witnesses are to be examined before the trial court out of which only 2 witnesses have been examined, the applicant is having criminal antecedents of 25 criminal cases including the case of dacoity, murder, theft etc. In case the applicant is released on bail, he may tamper with the evidence.;