Vijay Kumar Verma - (1.) BY means of this application under Section 439, Cr. P. C., prayer for bail has been made on behalf of the applicant Ram Avtar alias Munna s/o Ram Yagya Tiwari, in Case Crime No. 233 of 2007, under Sections 364, 302, 376 and 201, I.P.C., P.S. Sarai Mamrez, district Allahabad.
(2.) KM. Resham, aged about 10 years, is the unfortunate victim, whose murder was committed after committing rape with her. She was the sister of the complainant Ashish Tiwari, who lodged an F.I.R. on 19.10.2007 at P.S. Sarai Mamrez (Allahabad), where a case under Sections 364, 302 and 201, I.P.C. was registered at Crime No. 233 of 2007 against the accused Ram Avtar (applicant herein). The allegations made in the F.I.R., in brief, are that KM. Reshma. (hereinafter to be referred as deceased) had gone to see Durga Puja in the village at about 7.00 p.m. on 16.10.2007, from where she disappeared. The complainant gave information about disappearance of his sister at P.S. Sarai Mamrez on 17.10.2007 at 11.30 a.m. When the complainant was making search of the deceased, Chandramani Shukla and Sanjay Tiwari told him that they had seen KM. Resham with Ram Avtar alias Munna in Durgapuja, who were roaming together and Ram Avtar was saying the victim that he would give her the stalks of millets (Bazra) and at about 8.00 p.m. she had gone away with Ram Avtar from Durgapuja. It is further alleged in the F.I.R. that the dead body of deceased was found lying on 19.10.2007 at about 4.30 p.m. in the field of millets crop of Hari Ram Tiwari, I have heard lengthy arguments of Sri Ali Hasan, advocate, appearing for the applicant, Sri Sanjay Pratap Singh, advocate representing the complainant and A.G.A. for the State. The first and foremost submission made by learned counsel for the applicant was that there is no eye-witness of the incident of committing rape and murder of the deceased by the applicant and the only incriminating circumstance against him is of last seen evidence and hence the applicant deserves to be released on bail.
(3.) IT was further submitted by learned counsel for the applicant that the deceased is alleged to have been seen in the company of the applicant in Durgapuja on 16.10.2007 at about 8.00 p.m., whereas the dead body of deceased was recovered from the field of millets crop of Hari Ram Tiwari on 19.10.2007 and hence, on this ground also, the applicant is entitled to be released on bail, because there is no evidence to show that the deceased and applicant were seen together till her death. It was also submitted by learned counsel that other accused of this case have been granted bail and hence, on the basis of the principle of parity also the applicant deserve bail.;