- (1.) HEARD learned counsel for the applicant and learned A.G.A. for the State of U.P.
(2.) THIS bail application has been moved on behalf of the applicant Jeetu Niranjan with a prayer that he may be released on bail in case crime No. 120 of 2004, under section 302 IPC, P.S. Sirsa Kalan, District Jalaun.
(3.) THE prosecution story in brief is that a missing report of the deceased was lodged by Sri Raj Kumar Tiwari on 2.8.2004 at 9.30 A.M. mentioning therein that his daughter Km. Jaya aged about three years was missing, she had gone from her house for playing at about 11.00 A.M. on 31.7.2004, thereafter on 2.8.2004 at 2.45 P.M. in information was given by Sri Ram Kishore Niranjan that the dead body of the girl Km. Jaya aged about three years was lying in a room adjoining to Radha Krishna Mandir. On that information, the police came to the place of the incident and prepared the inquest report and the dead body was sent to the mortuary for post mortem examination. According to the post mortem examination report the deceased had sustained two ante mortem injuries, the cause of death was asphyxia as a result of ante mortem throttling injuries. During investigation the name of the applicant and co -accused Raju Yadav came to light and the charge sheet was submitted against them under section 302 IPC. The applicant applied for bail before the learned Sessions Judge, Jalaun, the same was rejected on 23.9.2004. It is contended by learned counsel for the applicant that the applicant is not named in the FIR, the dead body was not recovered at the pointing out of the applicant, it was recovered from a room adjoining to Radha Krishna Mandir. There was no motive to commit the alleged offence. The co -accused Raju was the servant of the first informant, there was no evidence to any rape was committed with the deceased, he has been involved on the basis of affidavit filed by co -accused Raju Yadav in the court of learned C.J.M. Jalaun in which it was mentioned that under the pressure of the applicant the deceased was taken to room adjoining to the temple, the applicant wanted to commit rape with her, she shouted loudly then by way of throttling she was killed by the applicant and after closing the room the applicant came out but subsequently bad smell came out from the room then dead body was recovered. The applicant was seen when he was going to the room where dead body was found and he was seen when he was coming out from the room by the witnesses. There is no credible evidence collected by the I.O. against the applicant. The applicant is in jail since 2004, he may be released on bail.;