D.N. Upadhyay, J. - (1.) HEARD the learned counsel for the petitioners and the learned counsel for the State. This is an application for grant of anticipatory bail filed by the petitioners in connection with Hunterganj PS case No. 09 of 2012 for the offence registered under sections 302/34 of the Indian Penal Code.
(2.) IT reveals from the written report that the deceased who was mainly known as 'Falahari Baba' was raising allegation against the petitioner and his associates who used to collect tolls from passers -by. A few days prior to the incident, the matter was brought to the notice of the Police by the deceased and in police action, a motor cycle belonging to one of the accused was seized. The petitioner and his associates thereafter had threatened the deceased to kill and finally dead body of the deceased was recovered. It is submitted that the petitioner has been implicated merely on suspicion. He is not named in the FIR. No cogent evidence has been collected by the investigating officer.
(3.) LEARNED counsel for the State has opposed the prayer and submitted that the witnesses examined in the case diary have supported the prosecution case. Considering all these aspects of the matter and the nature of offence, I do not feel inclined to grant anticipatory bail to the petitioner. Prayer is rejected and this application is dismissed.;