SURESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Suresh Singh with a prayer that he may be released on bail in Case Crime No. 633 of 2006 under Sections 147, 452, 302 and 120B, I.P.C. P.S. Gajraula, district J.P. Nagar.

(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by Suresh Chandra at Police Station Gajraula on 10.5.2006 at 6.20 a.m. in respect of the incident which had occurred on 10.5.2006 at about 1.00 a.m. THE distance of the Police Station was 1/2 kl. mts., from the alleged place of occurrence. THE F.I.R. has been lodged against the applicant and co-accused Suresh Singh, Suraj, Fauzi, Rajpal Singh, Dhirendra Jaat and Fariyad Husain. It is alleged that in the night of 10.5.2006 at about 1.00 a.m. the deceased Smt. Sunita Devi and her daughter Km. Anamika were sleeping in a room, all of sudden the first informant heard the sound of shrieks and hue and cry, on that the first informant, who was sleeping in the courtyard, awoke and saw that the applicant and four other co-accused persons were coming out from the room of the deceased and they ran away from outer gate of the house, thereafter the first informant went into the room and saw the dead body of the deceased, who were murdered by way of strangulation. THE applicant and other co-accused were properly identified by the first informant in the electric light. THE applicant and other co-accused committed the murder of the deceased persons, they were known to the first informant because they were accused in the murder of his brother and they were pressurising to withdraw that case, due to that reason the deceased persons have been murdered but due to fear and darkness of the night the first informant could not go to the Police Station immediately after the alleged occurrence. In the morning he went to Police Station and lodged the F.I.R. According to the post mortem examination report, the deceased Smt. Sunita, aged about 35 years, has been murdered by strangulation and the deceased Km. Anamika aged about 13 years, has also been murdered by way of strangulation.

(3.) IT has been further contended by the learned A.G.A. that the bail application of the co-accused Fariyad Husain, whose case was on the same footing with the applicant, has been rejected by this Court on 11.7.2006 in Criminal Misc. Bail Application No. 15968 of 2006, the gravity of the offence is too much, therefore, the applicant may not be released on bail.