SARFARAZ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPLICANTS -Sarfaraj @ Munna and Munnawar Khan who are in jail in connection with crime no. 9

(2.) A first information was lodged by the brother of the deceased at Police Station Gadarpur, stating that his brother (Ajay Sukhija) was found murdered on 13.01.2010, and the dead body was lying by the side of the road in village Sampatpur. In the FIR he did not name anyone but mentioned that his brother appears to have been called by someone in the wee hours under some pretext outside the house whereafter he was murdered. He also mentioned that mobile number of his brother was responding 'switched off'. During investigation, it appears to have been revealed that Ajay Sukhija (deceased) earlier got married in the year 2002, but he had no issue from said wed -lock, and his first wife left him, and got remarried to some other person. Thereafter, the father of the deceased to settle his son Ajay Sukhija wanted to get him married to such a lady who is widow or a divorcee having her own child from her earlier wed -lock. (It appears that the deceased was incapable of procreating children).

(3.) HAVING considered submissions of learned counsel for the parties, and after going through the papers on record, and further considering the fact that it is a case of cold blooded murder, this Court is not inclined to grant bail to the present applicants.