ARVIND KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a bail ap plication for the release of the accused- applicant Arvind Kumar Singh son of Sri Ramesh Pal Singh R/o Village Chandpura Kala, P.S. Sahabad, District Rampur, on bail in Case Crime No. 676 of 2002, under Sec. 302/120-B IPC, P.S. Bilari, District Moradabad, pending trial before the Court below. The accused-applicant has filed an affidavit with certain documents in support of his bail application. Krishna Kumar Shukla, Sub-Inspector of Police on the other hand has filed counter affidavit against the said bail application.

(2.) This is a peculiar case. The accused-applicant lodged the First Information Report against two unknown miscreants, registered as Case Crime No. 676 of 2002, under sections 332/394, Penal Code at 11.30 p.m. on 30th June, 2002 at police station Bilari, District Moradabad. A perusal of the report indicates that on 30th June, 2002 the accused-applicant alongwith his wife Anju Rani (the deceased in the case) was returning home by a motor cycle from his in-laws house and at about 7.45 p.m. when he reached village Jungle Gram Jhonda two unknown miscreants opened fire with their country made pistols upon them, his wife sustained fire arm injuries, he lost the balance of the motor cycle, the motor cycle and his wife fell on the ground, in order to save himself raising alarm he rushed to his village and came back alongwith Devendra, Naresh, Harpal Singh and certain others and found his wife lying dead, her ornaments were also missing from her body but the motor cycle was lying there.

(3.) Contrary to the above facts and circumstance Ashok Kumar Singh the father of the above named deceased presented an application on 8th July, 2002 at the said police station alleging therein that the accused-applicant conspired of his relative Kanmu Singh to commit the murder of the deceased and he committed her murder.