ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Manish Tiwary, learned counsel for the applicant, learned A.G.A. for the State as well as Sri Anil Kumar Srivastava, learned counsel for the complainant and perused the material available on record.

(2.) LEARNED counsel for the applicant submits that the applicant is not named in the FIR. The case is based on circumstantial evidence. The first informant claimed in the FIR that he had gone to school at 9:30 a.m. on 6.9.2011 after taking his meals and at 12:30 in the afternoon, he received information by phone that his house was on fire. He came to his house, but by then, neighbours had broken open the lock of the door and were busy in extinguishing the fire. He also engaged himself in the same activity and suddenly his hand touched the body of his wife, but she had died and her body was found in a burnt condition. LEARNED counsel contends that on autopsy, multiple incised wounds were found over left lower cheek and on front of neck. Ante mortem burn injuries were also found in front of lower part of chest, abdomen, back etc. It was further submitted that the police found burnt clothes of the deceased, ashes and one cap of half bottle of liquor from the spot. Next day, one Ashish Botham was interrogated, but he did not disclose any fact to the police and he stated that he did not see anything. Subsequently, on 14.9.2011, Ashish Botham was again interrogated and in his second statement, he stated that he had seen the applicant Ashok Kumar visiting the house of the deceased on 6.9.2011 at 10:30 a.m. and further stated that the deceased was having illicit relations with the applicant. The applicant was married about five months earlier and to get rid of the deceased, she was killed. Subsequently, on 24.9.2011, one Yogendra Pratap Singh claimed that he had also seen the applicant going to the house of the deceased at 10:30 a.m. on 6.9.2011. On 27.9.2011, one Krishan Kushwaha claimed that on 6.9.2011 at 11:30 a.m., he had seen the applicant coming out of the house of the deceased.

(3.) LET applicant Ashok Kumar involved in case crime no.698 of 2011 under Sections 302, 201 I.P.C. pertaining to Police Station Kotwali, District Etawah be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :