DEVENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Devendra Singh with a prayer that he may be released on bail in Case Crime No. 393 of 2006 under Sections 376, 302 and 201, I.P.C. P.S. Kotwali Dehat district Bulandshahr.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Virendra Pal Singh on 28.7.2006 at about 4.05 p.m., that the dead body of the deceased in a naked condition was lying in the water of a pit. During investigation the statement of Ramvir, Suresh were recorded under Section 161, Cr. P.C. who stated that the applicant was catching the hand of the deceased Km. Mangli and the witness Rajvir and Rajesh stated that they saw the applicant coming out of from the field where the offence was committed, alongwith the clothes, and at the pointing out of the applicant the clothes (shalwar and kurta) of the deceased were recovered and one Nada (belt) of shalwar was recovered from the spot at the instance of the applicant, THE deceased had received six ante-mortem injuries. THE cause of death was due to asphyxia as a result of throttling.

(3.) IN reply to the above contentions it is submitted by the learned A.G.A. that there is sufficient evidence against the applicant to show his involvement in the present case. The clothes of the deceased were recovered at the pointing of the applicant. There is no reason of his false implication. The gravity of the offence is too much. IN case, the applicant is released on bail, he shall tamper with the evidence.