SOHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sangam Lal Kesharwani, learned counsel for the applicant, Ms Manju Thakur, learned AGA for the State and perused the material on record.

(2.) Learned counsel for the applicant argued that the FIR in the present case was lodged regarding disappearance of deceased Arun Kumar by his father on 8.2.2020, in which it is stated that deceased (Arun Kumar) was present at a religious function on 7.2.2020 in the house of one Vishambhar and was seen there till 7.30 p.m. but later-on he was neither seen nor returned home, on which search was conducted but he could not be found. On the next day, an information was received by him that one cadaver is lying near railway track on which he went there and identified it to be that of his son Arun Kumar (deceased). It is further stated in the FIR that unknown person have committed the murder and, therefore, report be registered.

(3.) It is argued that subsequently on 11.2.2020, a police informer informed the Investigating officer that he had come to know that Shivani @ Kalo, sister of deceased had some love affair with one Sohan Valmiki (applicant), Smt Raksha wife of deceased had some relationship with one Vikas @ Gulli and Km Roopa, cousin of deceased had some relationship with one Aashu and due to the said relationships, there was some dispute between family members of Sohan Valmiki and deceased and his family members and there is murmuring in the village that due to the said fact deceased-Arun Kumar has been murdered. The said parcha of the case diary is annexed as Annexure no. 6 to the affidavit filed in support of the said bail application. It is further argued that subsequently on 12.2.2020 one Amar @ Kala was interrogated by the police and he has stated that on 7.2.2020 at about 6.30 p.m. he saw Vikas @ Gulli, Arun and Aashu @ Binaula sitting on one 'Bike' and Sohan (present applicant) was also standing there and later-on all the four persons went together on the same 'Bike'. The said statement is annexed as Annexure No. 7 to the affidavit filed in support of the bail application.