MUKESH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Dilip Kumar and Rajeev Gupta, learned counsel for the applicant, learned A.G.A. and Sri B. A. Khan, learned counsel for the complainant.

(2.) This bail application has been filed by the applicant Mukesh with a prayer that he may be released on bail in Case Crime No. 442 of 2010 under Section 302, I.P.C., P. S. Karhal, district Mainpuri.

(3.) The facts in brief of this case are that an Information to the police station Karhal was given by Sri Kamlesh Kumar on 17.4.2010 at 6.10 a.m. mentioning that his son, the deceased Charan Singh aged about 18 years was taken from his house in the evening on 16.4.2010 by the co-accused Subhash and the applicant Mukesh. The first informant was not permitting to go in the company of the applicant and other co-accused person even then they had taken the deceased. In the morning of 17.4.2010 at about 4.00 a.m. first informant received information that to know the whereabouts of the deceased who had gone thresher. On that information the first informant came to the field with Suresh son of Megh Singh and saw that thresher and tractor were present but nobody was present there. He saw the thresher in which body of the deceased was embedded but he could not know as to what manner the alleged occurrence had taken place. On that information the inquest report was prepared on 17.4.2010 and the post-mortem examination was done on 17.4.2010 at 3.30 p.m. According to the postmortem examination report the deceased had sustained ten ante-mortem injuries. Thereafter, the detailed F.I.R. was lodged by first informant Kamlesh Kumar at the police station. Karhal on 6.5.2010 at about 7.00 or 8.00 p.m. The deceased was called by the applicant and co-accused Subhash from his house at the pretext of threshing the wheat crop. The first informant was not permitting because prior to five or six days, there had been a quarrel between the applicant and co-accused Subhash. The witness Sadho Singh and Nigaate Lal saw the applicant when they were taking the deceased at about 9.00 p.m. on the way. By that time they were extending the threats. On a quarry made by them it was told by the deceased that applicant and other co-accused persons were taking him on field for threshing work. On 17.4.2010 at about 4.00 a.m., it was told by one Jaipal Singh that the deceased was embedded in thresher. On that information the first informant came to the field and saw the dead body of the deceased embedded in the tractor, the tractor was also parked there, but the applicant and co-accused Subhash were not present there. The deceased died but there was no blood in the thresher or near the thresher there no crop of the wheat or straw of the wheat. This information was given to the police station concerned. On the same day witness Umesh Kumar and Mahesh Chandra saw the applicant and co-accused Subhash and two unknown persons. They embedded the dead body of the deceased at about 2.00 or 2.30 a.m. On 20.4.2011, it was apprised by the Subhash that on 19.4.2010 at about 8.00 p.m. the applicant and co-accused Subhash came there who stated that they had committed the mistake by committing the murder of the deceased because he was not paying their money and they asked for compromise. The applicant applied for bail before learned Sessions Judge, Mainpuri who rejected the same on 19.4.2010.