Ravindra Singh, J. - (1.) This application is filed by the applicant Shiv Sahai with a prayer that he may be released on bail in case crime No. 704 of 2005 under Sections 302/201/34 I.P.C. P.S. Heempur district Bijnor.
(2.) Prosecution story in brief is that in the present case F.I.R. has been lodged by Sri Gajraj Singh at P.S. Heempur on 15.10.2005 at about 12.30 p.m., in respect of the incident which had occurred in the night of 14/15.10.2005 from 9.00 p.m. to 9 a.m. it is alleged that the agricultural field of the applicant and the first informant are adjoining. There had been some altercation between the grand father of the first informant and the applicant about one year back. The family of the applicant was having annoyance with the family of the first informant but about 3 or 4 days prior the alleged occurrence the applicant started going to the house of the first informant and he used to sit with the deceased. On 14.10.2005 at about 9.00 p.m. the applicant came at the house of the deceased and he called the deceased. Thereafter the deceased was taken by him at the pretext to have a discussion on a issue at his house, But the deceased did not return upto 2.00 a.m. that is why the first informant and others become too much worried then the first informant his brother Narendra and his uncle Dil Bahar went to the house of the applicant where neither the deceased nor the applicant and his family were present, two spades were lying there which gave an indication of an unhappening with the deceased. Thereafter, with the help of villager Veer Singh and Buddhu Singh, the first informant and others went to Jungle in search of the deceased and at about 9.00 a.m., they saw smoke coming out from the field of Himendra. Thereafter, they reached there and saw that the applicant and his son co-accused Devendra and Rakesh burning something but they fled away after seeing the first informant and others. The first informant and others saw the dead body of the deceased which was half burnt.
(3.) Heard Sri Mahipal Singh, learned Counsel for the applicant and the learned A.G.A.;