NELA Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Nela with a prayer that he may be released on bail in Case Crime No. 132 of 2006 under Section 302, I.P.C, P.S. Anoopshahr district Bulandshahr.

(2.) THE Prosecution story in brief is that F.I.R. of this case has been lodged by Kesar at P.S. Anoopshahr on 28.5.2006 at about 6.30 p.m. alleging therein that on 27.5.2006 at about 10.00 a.m. there had been some altercation between the deceased and the accused persons because the deceased had taken some money from the accused persons as loan, but the deceased had refused to return that money. THEreafter, a threat was extended by the applicant and other co-accused persons and in the night of 27/28.5.2006 at about 12.30 O'clock, the applicant and other co-accused persons came at the house of the deceased and the deceased was taken away by them on some pretext. THE first informant and Naresh Kumar Sharma were having some apprehension in their mind so they followed them. As soon as the deceased and co-accused persons reached near the shop of one Suraj, the deceased was assaulted by them. THE applicant used knife blows, co-accused Banti and Naurang used the pharsa blows and the co-accused Happo used gandasa blows consequently, the deceased received injuries and died on the spot. In the morning the F.I.R. was lodged. According to the Post Mortem Examination Report the deceased had received 8 incised wounds.

(3.) IN reply to the above contentions of the learned counsel for the applicant it is submitted by the learned A.G.A. that the applicant was known to the witnesses. The applicant was having motive to commit the offence. The prosecution story is fully corroborated with the medical evidence because the deceased had received incised wounds and from the place of occurrence blood was recovered and blood stained earth was taken by the INvestigating Officer and the delay in lodging the F.I.R. has been properly explained. The incised wounds may be caused by knife also. IN case the applicant is released on bail, he shall tamper with the evidence. Therefore, he may not be released on bail.