Ravindra Singh, J. - (1.) This application is filed by the applicant Rajendra alias Rajjo with a prayer that he may be released on bail in case crime No. 8 of 2006, under Section 302 I.P.C. and Sections 3(ii)(v) of the S.C./S.T.(P.A.) Act, P.S. Dauki, District Agra.
(2.) The prosecution story, in brief, is that in the present case the F.I.R. has been lodged by Mahesh Chandra at P.S. Dauki, district Agra on 7.1.2006 at 9.10 p.m. in respect of the incident which had occurred on 7.1.2006 at about 7.045 p.m. The distance of the police station was about 1 km from the place of occurrence. The F.I.R. was lodged only against the applicant. It is alleged that the deceased Anil was asked by the applicant to cut the varseem of his field, but the deceased refused, therefore, he was beaten by the applicant by kicks and fists, prior the alleged occurrence. Thereafter, on 7.1.2006 at about 7.45 p.m. the applicant entered into the house of the first informant. The sisters of the first informant were confined in a room and closed from outside and they were extended threat for not making hue and cry. Thereafter, the applicant strangulated the neck of the deceased by rope who was sleeping in front of the room where his sisters were confined. After committing his murder he was hanged in a hook. The alleged occurrence was witnessed by the sisters of the first informant namely Laxmi and Sonu from the window and side of the door. At the said time the first informant and his brother Munna also came there, but the applicant by pushing them ran away from the place of occurrence. The dead body of the deceased in hanging condition was found inside the room by the first informant and other. The dead body was taken down and the room of the sisters was open. They also came out from the room and narrated the whole story. The first informant went to the police station along with the dead body of the deceased and lodged the F.I.R.
(3.) Heard Sri S.P.S. Raghav and Sri K.K. Dwivedi learned Counsel for the applicant, learned A.G.A. for the state of U.P. and Sri M.L. Jain learned Counsel for the complainant.;