TEKCHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pramod Kumar Singh, learned counsel for the applicant, Sri Kamal Kishor Mishra, learned counsel for the informant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.

(2.) This bail application has been moved seeking bail in Case Crime No.183 of 2018 under sections 302, 201 I.P.C., Police Station Naujheel, District Mathura, during the pendency of trial.

(3.) As per FIR, which has been lodged by Jagdish Prasad, the prosecution story is that on 24.2.2018, he and his other sons Harendra @ Mausam, Yogendra Singh @ Golu and Pravendra @ Pintu were raising boundary wall in their plot in front of the house of Phool Singh. At about 12.50 p.m. the deceased had gone home saying that he had to go home for food. Thereafter, his other son Yogendra @ Golu had also gone home saying that he was going home for having food. His other son Yogendra @ Golu had seen Harendra Singh @ Mausam entering the house of the accused Tek Chand. His son Yogendra @ Golu had returned at plot after having food but the deceased did not return till 2.45 p.m. then he sent his sons Yogendra Singh and Pravendra Singh home to bring Harnedra Singh @ Mausam (deceased) but he was not found at home and thereafter Yogendra Singh had cried his name outside the house of Tekchand but none responded and thereafter his both sons made search of the deceased nearby and then his body was found lying in the plot of Govardhan behind the house of the accused-applicant and Sukhpal. At that time, the accused-applicant Tek Chand and his wife Rajni were coming from back side towards Mathura. It is further mentioned in the FIR that his son Harendra @ Mausam (deceased) had been entrapped in love affair by co-accused Rajni wife of the applicant and regarding this the deceased had told to his friend Ajai many times. It makes it clear that a conspiracy was hatched by the accused-applicant along with co-accused Rajni and under that conspiracy, the deceased was called at his home and thereafter he was done to death in his house after making assault by a sharp edged weapon and had been strangulated to death and in order to conceal the dead body, same was thrown in the plot of Govardhan. It is further mentioned that at the time when the deceased had gone home for food, he was having Rs.35,000/- which were to be given to Vijai Building Material, the said amount was also snatched away from him.