KALYAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This bail application has been filed by the applicant in Crime No. 87 of 2005, under Sec. 364A/302/201, I.P.C., police station Rail Bazaar, district Kanpur Nagar.

(2.) The prosecution case in nutshell is that deceased Devendra alias Rinku Tiwari was a J.E. in Hutch Company and he used to live alongwith his Mausa Awadesh Kumar Tripathi resident of R.P.F. Railway Colony Quarter No. 254/R Jharkathi. On 23.2.2005, the deceased Devendra alias Rinku Tiwari returned to his house at 5.30 p.m. and soon thereafter at 6.00 p.m. he went alongwith Ajab Singh Gaurh alias Rajjan Singh and his cousin brother Kalyan Singh son of Jaahar Singh (present applicant) on his Hero Honda Motorcycle No. U.P. 78-AU-2024. Jaswant Kumar Shukla, Girja Shanker Shukla and family members of informant had seen the deceased going alongwith the said two persons. The deceased did not return. Hence, he was searched by the family members but could not be traced out. Consequently, the informant who was in Mughalsarai was informed on telephone. Informant Awadesh Kumar Tripathi tried to contact the deceased Devendra alias Rinku Tiwari on his Hutch Mobile phone but all in vain. On 25.2.2005, the informant after taking leave, came to Kanpur and he then informed the father of the Rinku Tiwari. The police was also informed about the elopement of Rinku Tiwari and everybody started searching for him. Being satisfied that he was murdered by the aforesaid two persons Ajab Singh Gaur alias Rajjan Singh and Kalyan Singh (present applicant) that a F.I.R. was lodged by the informant at police station Rail Bazar Kanpur Nagar on 14.3.2005 at 10.00 a.m. regarding the said incident after about twenty days. Subsequent, the investigation revealed that it was the present applicant who had committed the murder of the deceased and had disposed of his body. During the investigation the motorcycle, some papers and the driving licence of the deceased were recovered from the house of the present applicant. On these facts the applicant has applied for his bail.

(3.) I have heard Sri K. P. Shukla assisted by Sri Amit Kumar Singh advocate in support of this bail application and the learned A.G.A. in opposition.