SALIM ALIAS KALUWA Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Saleem alias Kaluwa with a prayer that he may be released on bail in Case Crime No. 491 of 2006, under Section 302, I.P.C., P.S. Sadar, district Agra.

(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by Shahid Parvez Khan on 20.8.2006 at 7.30 p.m. in respect of the incident which had occurred on 20.8.2006 at about 6.00 p.m. THE applicant and two other co-accused persons are named in the F.I.R. It is alleged that on 20.8.2006 at about 6.00 p.m. the first informant heard the shrieks of his wife, then he alongwith his father entered into their house and saw that the applicant and two other co-accused persons were coming out from their house. THEy tried to apprehend them, but they were pushed by the miscreants, they saw inside the house that the deceased had died and blood was came out from her nostrils. According to the post mortem examination report the deceased has received a ligature mark and the cause of death was due to asphyxia as a result of strangulation.

(3.) IN reply of the above contention the learned A.G.A. and the learned counsel for the complainant submit that the applicant and two other co-accused persons have committed the murder of the deceased. They were seen inside of the house by the first informant and other witnesses and they ran away from the place of the occurrence. The cause of death is strangulation and there was no reason of false implication. The applicant was having strong motive, therefore, the applicant is not entitled for bail.