(1.) Heard Sri Atul Verma and Ms. Shameem Jahan, learned counsels for the applicant as well as learned Additional Government Advocate for the State of U.P. through video conferencing in view of COVID-19 pandemic.
(2.) The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No. 272 of 2017, under Sec. 302 I.P.C., Police Station - Sandila, District - Hardoi.
(3.) Submission of learned counsel for the applicant is that as per first information report lodged by the complainant, the incident took place on 2/9/2017, in which the deceased who was the disciple of the Ashram was found to be dead and before any cognizance could be taken by the Police, the body of the deceased was taken to her residence at Lucknow. The body of the deceased was therefore summoned back and post mortem was conducted, which resulted in lodging of the present first information report. It is further submitted by learned counsel for the applicant that there is no eye witness of the incident and only on the basis of statement of prosecution witnesses Narendra Bahadur, Mohan Singh and Satish, name of the applicant has come as an accused. The aforesaid witnesses in their statements recorded under Sec. 161 Cr.P.C. have stated that in all probability the murder was committed by Tejveer and his two friends, one of whom is the applicant. It is next submitted that in the statement of the aforesaid prosecution witnesses it has been stated that infact head of the Ashram who died few years back in 2014, probably was killed by the deceased and due to which Tejveer who was close to the head of the Ashram, alongwith other accused wanted to take revenge therefore the deceased has been done to death by the accused persons.