Ravindra Singh - (1.) -This application has been filed by the applicant Kamal Kumar Singh Bind with a prayer that he may be released on bail in Case Crime No. 113 of 2006 under Sections 147, 148, 302, 201, 504 and 384, I.P.C. P.S. Jhunsi, district Allahabad.
(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged on 19.6.2006 at about 5.45 p.m. in respect of the incident which had occurred on 12.6.2006 at about 8.00 p.m. THE applicant and co-accused Sandeep are named in the F.I.R. It is alleged that the deceased had gone from his house to meet the applicant on the allurement to provide service, the applicant and co-accused Sandeep had taken Rs. 2 lacs from the deceased. THE deceased had demanded his money from the applicant and the co-accused. On this account the deceased was abducted by the applicant and the co-accused Sandeep. THE deceased did not come back to his house, contact was made on his mobile phone from which ring tone heard but nobody attended that phone. THEreafter, it was switched off. During investigation the details of the mobile talk were collected by the Investigating Officer but the dead body was not recovered. It is alleged that the bottle by which injuries were caused were recovered. One Kranti Kumar Mishra was interrogated who stated that the injuries by Chapar were caused by the co-accused Baba and the applicant had caused injury by using bottle blows. Heard Sri S. P. S. Pawar and Sri Lal Mani Singh, learned counsel for the applicant, learned A.G.A. for the State and Sri S. P. Srivastava, learned counsel for the complainant. It is contended by the learned counsel for the applicant that the F.I.R. of this case is too much delayed. The dead body has not been recovered. The evidence against the applicant and other co-accused is of last seen. The statement of Kranti Kumar Mishra has been recorded after three months of the alleged incident. Nothing incriminating has been recovered from the possession of the applicant or at his pointing out. The statement of Kranti Kumar Misra was recorded under Section 164, Cr. P.C. on 7.8.2006. He is not a reliable witness. The applicant is not having any criminal antecedent.
(3.) IN reply of the above contentions it is submitted by the learned A.G.A. and the learned counsel for the complainant that the applicant was having strong motive to commit the murder of the deceased. There is no eye-witness account also. The witness Kranti Kumar Misra is an independent witness whose statement has been recorded on 7.8.2006 under Sections 164, Cr. P.C. According to his statement the injuries were caused on the person of the deceased by the applicant and the dead body was thrown into the Ganga river. IN such situation, the applicant is not entitled for bail. Considering the facts, circumstances of the case and the submissions made by the learned counsel for the applicant and the learned A.G.A. considering the gravity of the offence without expressing any opinion on the merits of the case, the applicant is not entitled for bail. Therefore, the prayer for bail is refused.;