- (1.) VINOD Prasad, J. Heard Sri I. K. Chaturvedi, learned Counsel or the applicant and learned AGA.
(2.) THE accused applicant seeks bail in Case Crime No. 123 of 2006 under Sections 302, 120-B IPC Police Station Kotwali City, District Banda. It is contended by the learned Counsel for the applicant that in this case there is no evidence against the applicant. He submitted that the only evidence which can be said to be incriminating against the applicant is motive as the applicant is the son of Smt. Raja Bai who happened to be the concubine of the deceased. He submitted that her mother was initially married with his father Mool Chandra Trivedi but subsequently she left her husband and starting living with the deceased Bhura Tiwari. He further submitted that later on she ditched Bhura Tiwari as well and started living with Girja Shankar Awasthi. As a result of such betrayal the deceased Bhura Tiwari wanted to give his property to his nephews, Chandrapal, Indrapal and Raju, all sons of Gopal Tiwari. Because of the aforesaid reason, the mother of the applicant namely Raja Bai, after the murder of Bhura Tiwari lodged a First Information Report against the said nephews of the deceased namely Chandrpal, Indrapal and Raju. He submitted that the I. O. during the investigation found the case against the named accused to be false and he implicated the applicant also alongwith his mother only for the reason that Smt. Raja Bai his mother. He further argued that in case diary the only evidence against the applicant is the 161 Cr. P. C. statement of Ishwari Prasad which was recorded by the I. O. on 12-3-2006 after a gap of two days. He submitted that a perusal of 161 Cr. P. C. statement of Iswari Prasad shows only suspicion against the present applicant. He further submitted that his father Mool Chandra Trivedi and Girja Shankar Awasthi, with whom Raja Bai had gone away leaving the deceased have already been granted bail by the Court below and by this Court. The copy of bail granting order of Mool Chandra Tiwari dated 3-5-2006 passed by Session Judge, Banda, Annexure-12 to the affidavit has been filed in support of this application and the bail granting order of Girja Shankar Awasthi dated 6-7-2006 passed by this Court in Cr. Misc. Bail Application No. 13154 of 2006, Girja Shankar Awasthi v. State of U. P. , was produced before me today. He therefore, submitted that in fact, it is a case of no evidence so far as the present applicant is concerned. Learned AGA on the other hand submitted that there is strong motive for the present applicant to commit murder of the deceased as the deceased wanted to divest the mother of the applicant (informant) of his property and wanted to hand it over to his nephews.
(3.) I have considered the contention raised on behalf of both sides. It is the case where there is no direct evidence against the present applicant and the only evidence is of Ishwari Prasad and the same also does not implicate the applicant with any crime whatsoever. It was not disputed by learned AGA that father of the applicant, Mool Chandra Tiwari and Girja Shankar Awasthi have already been granted bail by this Court. Without adverting further over the merits of the matter, I considered it appropriate to release the present applicant on bail.;