(1.) Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and Shri Amit Daga, learned counsel appearing on behalf of the first informant.
(2.) By means of this application under Sec. 439 of Cr.P.C., applicant, who is involved in Case Crime No. 26 of 2022, under Sec. 302 IPC, police station Dibai, district Bulandshahr, seeks enlargement on bail during pendency of trial.
(3.) In nutshell, the facts of the case are that the first informant Neetu Singh lodged a first information report on 18/1/2022 at 04.24 PM to the effect that on 17/1/2022, when the informant along with his brother Ramu, Yogendra and Sriram were guarding their cows in the field, at about 6.00 P.M., Satyaveer Singh, Kalu, Sachin, Golu, who are the residents of the same village, came there and took away his brother Ramu on the pretext of taking tractor to sugar mill in the night. On 18/1/2022 till 7.00 AM, when his brother did not come back home, he went to the house of Satyaveer to enquire about his brother. Thereupon, Satyaveer told him that his brother is lying dead in the house of Monu, son of Rajpal. The FIR further alleges that when the first informant visited the house of Monu along with several other persons of the village, he found that the dead body of his brother was lying there. There were injuries on the head, face, eyes and body of the deceased. The informant expressed a belief that his brother has been done to death under conspiracy by Satyaveer Singh, Kalu, Sachin, Golu, Kuldeep, Richa and Monu. The case of the applicant is that she assaulted the deceased to save herself from being raped, which resulted in his death.