Ravindra Singh - (1.) -This application has been filed by the applicant Rajnish with a prayer that he may be released on bail in Case Crime No. 151 of 2006 under Sections 302 and 506, I.P.C., P.S. Kasganj, district Etah.
(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Sanjay Agarwal on 22.4.2006 at 3.05 a.m. in respect of the incident which had occurred in the night of 21/22.4.2006. THE distance of the police station was about one and half kilometres from the alleged place of occurrence. It is alleged that deceased alongwith Manish was returning to his house after attending a function when he reached near the house of Rajendra Varshney, the applicant used a knife blow on the chest of the deceased. THE first informant and others tried to apprehend the accused but he successfully escaped from the place of occurrence after extending the threat. THE alleged incident was witnessed in generator light. THE deceased Kuldeep in a injured condition was taken to Kashganj from where he was referred to the other hospital where he was declared dead. According to the post mortem examination report the deceased had received incised wound on the left side of the chest. Heard Sri Jagdish Singh Sengar, Sri Arun Srivastava, learned counsel for the applicant, learned A.G.A. for the State of U. P. and Sri Viresh Mishra, senior advocate assisted by Sri A.R. Gupta, Sri Akhilesh Srivastava, Sri Ashutosh Pratap Singh and Jitendra Kumar, learned counsel for the complainant. It is contended by learned counsel for the applicant that prosecution story is false, concocted and highly improbable. The presence of the first informant and other witnesses at the alleged place of occurrence is highly doubtful. The deceased was not brought to the hospital by the first informant, he was brought by one Rajesh. There was no motive to the applicant to commit the alleged offence and there was no electric light. According to medical examination report there was only one knife blow and there was no other injury caused by the applicant. Applicant is peace loving person, he is having no criminal antecedents, he is a teacher who is running a coaching institute. He has been falsely implicated only on basis of doubt and suspicion and ill-will of the first informant.
(3.) IN reply of the above contentions, it is submitted by learned A.G.A. and learned counsel for the complainant that the applicant is main accused, the F.I.R. has been promptly lodged, the applicant was having a strong motive to commit the alleged offence. There was a generator light at the time of alleged occurrence. The blood was found from the alleged place of occurrence and there was no reason of false implication of the applicant. The injury caused by the applicant was sufficient in ordinary course of nature to commit the murder of the deceased. The injured was taken to the hospital by his family members. IN case applicant is released on bail, he shall tamper with evidence. Considering the facts, circumstances of the case, submissions made by learned counsel for the applicant, learned A.G.A. and learned counsel for the complainant, considering the role assigned to the applicant of causing injury and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. The prayer for bail is refused.;