- (1.) HEARD counsel for the applicant and the learned AGA.
(2.) THE applicant thorough this bail application, has prayed for bail in S.S.T. No.33 of 2014 arising out of Case Crime No.57 of 2014, under Sections 302, 201 IPC and Section 3(2)5 SC/ST Act of Police Station Etmadpur, District Agra.
(3.) SUBMISSION of counsel for the applicant is that FIR has been lodged against unknown person and there is no direct or indirect evidence against the applicant in committing murder of the deceased nor anything has been recovered from the possession of the applicant, but in spite of that he has been implicated in the case falsely. He further submits that call details collected by the Investigating Officer during the course of investigation, do not match with the mobile number of the applicant and more over, no role has been assigned to the applicant to commit the murder of the deceased. It is submitted that applicant is studying at Tundla, whereas the deceased was studying at Agra and only on the basis of statement of the informant, he has been implicated in the case though the applicant has not been named in the FIR. In sum and substance, the argument is that in absence of any cogent evidence to connect the applicant with the offence, he cannot be prosecuted and the proceedings against the applicant are wholly illegal as from the evidence of the witnesses also, it is apparent that no overt act has been assigned to the applicant in the commission of offence. Learned AGA, on the other hand, has submitted that from the evidence on record, it is evident that applicant used to tease and torture the deceased on several occasions and for that, altercation also took place with the deceased just before the murder of the deceased, which goes to indicate the involvement of the applicant in the commission of murder. He has further submitted that the applicant himself has confessed the crime, which was made as a result of illicit relation of the deceased with other boys. It is also submitted that name of the applicant has come to light during the course of investigation and on the basis of evidence and the statements of the witnesses, the applicant has been charge sheeted under the aforesaid sections. Therefore, it is wrong to say that there is no evidence against the applicant in the commission of murder as from the statement of the Principal of the College and other teachers where the deceased was studying, it is evident that some altercation took place between the applicant and the deceased just before the murder of the deceased. Submission is that looking to the over all circumstances and the evidence on record, the trial court has rightly rejected the bail application of the applicant, therefore, no interference is warranted by this Court as the applicant has committed heinous crime and no lenient view may be taken in his favour.;