Dinesh Kumar Singh, J. - (1.) Heard learned counsel for the accused-applicant(s) as well as learned A.G.A. and perused the record.
(2.) Accused-Applicant seeks bail in Case Crime No.985 of 2017, under Section 302 I.P.C., Police Station Kotwali Dehat, District Balrampur.
(3.) As per prosecution case, on 28.10.2017 at around 2:00 p.m. deceased, aged about 20 years, went outside her residence to ease herself. At that time, the accused-applicant, real uncle of the deceased, who had bad eye on her, pursued her. When the deceased did not succumb to the lust of the accused-applicant, the accused-applicant killed her by using a sharp-edged weapon. Postmortem report of the deceased reveals the following antemortem injuries:- "1. Incised wound 10cm x 4cm x bone deep present in front and left side of neck, 5cm from chin. Underlying trachea esophagus, blood vessels, nerves and soft tissue cut; 2. Stab wound 2cm x 1cm x bone deep present in Rt side of neck, 6cm from Rt ear; 3. Stab wound 2cm x 1cm x bone deep on left side of face, 4cm from left eye; 4. Two stab wounds, 2cm x 1cm present 3cm apart on the left side of chest, 6cm from xiphisternum on dissection 9th and 10th rib-cut, underlying lung lacerated; 5. Sever stab wounds, each 2cm x 1cm x abdominal cavity deep present on anterior side and (Rt) side of abdomen on dissection large & small interior lacerated; 6. Stab wound 2cm x 1cm x muscle deep present on left shoulder, posterior side 8cm from left axilla; 7. Stab wound 2cm x 1cm x deep on left side 8cm from; and 8. Stab wound 2cm x 1cm x on posterior side of left thigh 15 entrance left knee joint." Learned counsel for the accused-applicant submits that there was no motive for the accused-applicant to kill the deceased. The accused-applicant is real uncle of the deceased and he has been falsely implicated for property dispute.;