- (1.) RAVINDRA Singh, J. This application has been filed by the applicants Hukum Singh alias Fauzi and Ramesh alias Chhotu with a prayer that they may be released on bail in case crime No. 395 of 2005 under Sections 302, 201, 394, 34, 412, I. P. C. , P. S. Saiyan, District Agra.
(2.) THE prosecution story in brief is that the F. I. R. of this case has been lodged by Mukesh Chandra on 22- 10-2005 at 7. 30 a. m. in respect of the incident which had occurred on 22-10-2005 at about 7. 00 a. m. THE distance of the police station was about five kilometres from the alleged place of occurrence. It is alleged that three dead-bodies were found near a pond whose limbs, eyes and necks were tied, subsequently all the three persons were identified. During investigation the name of the applicants came into light as accused in the statement of the witnesses. THE applicants and other co-accused persons in a pre-planed manner have committed the murder of the deceased persons, after committing their murder the dead-bodies were thrown near the way. One of the deceased was son of Sri Brij Bihari, Advocate, during investigation the looted Maruti Van was recovered from other co- accused persons and blood stained clothes were also recovered and at the pointing out of the applicants blood stained wood foot was recovered. Heard Sri R. N. Sharma, Sri Atul Sharma and Sri Abhishek Mayank, learned Counsel for the applicants and learned A. G. A. for the State of U. P. It is contended by learned Counsel for the applicants that applicants are not named in the F. I. R. , there is no direct witness account, the applicants were not having any motive to commit the alleged offence. The recovery of the blood stained wood foot has been planted and there is no credible evidence to show the involvement of the applicants in the commission of the alleged offence. The applicants are innocent, they may be released on bail.
(3.) IN reply of the above contentions, it is submitted by learned A. G. A. that it is a very serious offence, in which three persons have been murdered in a pre-planed manner by the applicants and other co- accused persons. The case is based on circumstantial evidence and there was strong motive to the applicants to commit the alleged offence and a blood stained wood foot has been recovered, in case applicants are released on bail, they shall tamper with evidence. Considering the facts, circumstances of the case, submissions made by learned Counsel for the applicants and learned A. G. A. and considering the gravity of the offence and without expressing any opinion on the merits of the case, the applicants are not entitled for bail. The prayer for bail is refused.;