- (1.) RAVINDRA Singh, J. This bail application has been filed by the applicant Ram Raj Singh with a prayer that he may be released on bail in case crime No. 687 of 2007 under section 302 IPC, P. S. Mehnagar, district Azamgarh.
(2.) THE facts in brief of this case are that the FIR of this case has been lodged by Chindrika Yadav on 9. 9. 2007 at 9. 30 A. M. in respect of the incident which had occurred on 8/9. 9. 2007, the distance of the police station was about 18 kilometres from the alleged place of occurrence. THE applicant is named in the F. I. R. It is alleged that the deceased Bali Ram Das aged about 80 years was a saint and Mahant of Ram Ghat Kuti, Devkali after the death of Mahant Harishchand Das, the deceased has become the Mahant and owner of that Kuti but the applicant had prepared a forged sale deed and filed a case in the Court and had taken the possession forcefully on the land having the area of forty Bighas attached to that Kuti. On account of that dispute the applicant was extending threats to the deceased. On 9. 9. 2009 at about 8. 30 A. M. THE first informant went to the Kuti to meet the deceased where he found the dead body of the deceased lying on the floor. He was having a belief that for the purpose of grabbing land the deceased was murdered by the applicant. According to the post mortem examination report the deceased has sustained seven ante mortem injuries which were lacerated wounds. THE applicant applied for bail before the learned Sessions Judge, Azamgarh, the same was rejected by learned Incharge Sessions Judge, Azamgarh on 4. 12. 2007, being aggrieved by order dated 4. 12. 2007 the applicant has filed the present bail application. Heard Sri R. C. Yadav and Sri Avinash Pandey, learned Counsel for the applicant, learned A. G. A. for the State of U. P. and Sri Shri Ram Rawat and Sri Santosh Kumar Singh, learned Counsel for the complainant. It is contended by learned Counsel for the applicant that; I. . The first informant is not eyewitness. According to the FIR nobody has witnessed the alleged incident which has taken place in the night on 8/9. 9. 2007, the applicant has been named in FIR only on the basis of doubt and suspicion. II. That the present case is based on circumstantial evidence. It is alleged that during investigation the evidence of extra-judicial confession has been recorded by the I. O. whereas the applicant has not made any confessional statement. The next evidence by way of recording the statement of Mahendra Yadav is that the applicant was seen at about 1. 30 P. M. when he was going to the Kuti and the statement of Sahabraj Singh has been recorded who stated that at about 1. 30 or 2. 00 AM the applicant was seen by him in a running position coming out from the Kuti, the place of occurrence. These statements have been recorded belatedly and both the witnesses are not reliable witnesses. The last evidence collected by the I. O. is that weapon Sansa has been recovered at the pointing out of the applicant. The recovery was not supported by any independent witness, the same has been planted. The applicant is not having any criminal antecedent, he has been falsely implicated on account of pendency of litigation, therefore, he may be released on bail.
(3.) IN reply of the above contention, it is submitted by learned A. G. A. and learned Counsel for the complainant that the present case is based on circumstantial evidence. The applicant was having strong motive to commit the murder of the deceased because he wanted to grab the land attached to a Kuti for which a litigation was pending but the chain of circumstance is complete because there is extra-judicial confession of the applicant, he was seen at about 11. 00 P. M. by witness Mahendra Yadav when he was going to the Kuti where the deceased was murdered and he was seen by the witness Sahab Raj Singh at about 1. 30 A. M. or 2. 00 A. M. when he was coming out in a running position from the Kuti. He was seen in an odd hour going to the place of occurrence and after about two hours coming out from the place of occurrence in a running position and at his pointing out the recovery of Sansa which is said to have been used in causing the injury to the deceased. Post mortem examination report also shows that the injuries were caused by blunt object which includes the Sansa also. IN case the applicant is released on bail, he shall tamper with evidence. Considering the facts, circumstance of the case, submissions made by learned Counsel for the applicant, learned A. G. A. and learned Counsel for the complainant, it appears that on the basis of the evidence collected by the I. O. the chain of the circumstance is complete and applicant was having strong motive to commit the alleged offence and without expressing any opinion on the merit of the case the applicant is not entitled for bail. The prayer for bail is refused. Accordingly this application is rejected. Application Rejected. .;