(1.) -This bail application has been filed by the applicant Mahesh Chandra Misra with a prayer that he may be released on bail in Case Crime No. 477 of 2006 under Sections 364, 302 and 120B, I.P.C. P.S. Sikarara district Jaunpur.
(2.) FROM the perusal of the record and the case diary, it appears that the F.I.R. of this case has been lodged by Lok Nath Shukla on 21.11.2006 at 5.05 p.m. at about 6.30 p.m. It is alleged that the deceased Ved Nath Shukla, a practising lawyer of civil court, Jaunpur, was abducted by some unknown persons on 20.11.2006 at about 6.30 p.m. when he was returning to his village from the civil court, Jaunpur on Motor Cycle No. U.P. 62A 1441. It has been specifically alleged in the F.I.R. that a litigation in respect of the land was pending between the deceased and the applicant. The applicant was extending threat for entering into a compromise otherwise the deceased would be killed, four months prior the alleged incident the applicant with the help of his friend Prem Narain alias Binda Tiwari made an attack on the deceased with gun. The applicant and Binda Tiwari were extending threat regularly and they were watching the movement of the deceased. The alleged occurrence was witnessed by Chhotey Lal, Keshav Dubey and Braj Bhusan who gave information to the first informant. On that information the first informant and other persons came at the place of occurrence where they were informed by the persons that the deceased was abducted forcefully but no whereabouts of the deceased could be traced out. Thereafter the F.I.R. of this case has been lodged, after lodging the F.I.R. the statement of the first informant Lok Nath Shukla was recorded on 21.11.2006, he followed the F.I.R. version. Thereafter, the recovery memo of the motor cycle of the deceased was prepared on 22.11.2006 on the same day the statement of the witnesses Keshav Dev was recorded who stated that the deceased was abducted forcefully by six persons namely Dabbu Singh, Rinku Singh, Kariya Singh, Neeraj Singh, Sanjay Singh and Anil Kumar alias Raju, who were on 3 motorcycles. On the same day statement of Braj Bhusan was recorded and the statement of the witness Keshav Dev. Both the witnesses stated that the above mentioned accused were criminal, thereafter raid was made by the Investigating Officer at the house of the applicant but the applicant could not be traced out. Thereafter the statement of witness Om Prakash was recorded on 23.11.2006 who stated that the applicant has made extra judicial confession by confessing that he had given a contract to the accused Neeraj Singh, Arvind Singh alias Dabbu Singh, Shailendra Singh alias Rinkoo Singh, Anil Kumar alias Raju and Sanjay Singh to commit the murder of the deceased. The above mentioned co-accused have settled the amount of Rs. 50,000 out of which Rs. 25,000 was paid to them in advance rest of the amount to be paid after the commission of the murder of the deceased. After committing the murder mentioned above, accused persons were demanding Rs. 75,000. The applicant has made a request to the witness Om Prakash Tiwari for saving his skin form the criminal liability. It has also been confessed by the applicant that he was having enmity with the deceased in respect of the land. The dead body of the deceased was recovered on 25.11.2006 near the bank of Sai River, which was recovered as an unknown dead body but during the course of inquest proceedings the dead body of the deceased was identified by his family members. In the inquest report and in other relevant papers prepared at that time, name of the deceased is mentioned therein, motor cycle No. 62V 2638 used in the commission of the alleged offence was also recovered on 3.1.2007 and on 26.11.2006, the co-accused Anil Kumar Singh alias Raju was arrested, he made a confessional statement disclosing that he and other co-accused persons were hired by the applicant for committing the murder of the deceased. This amount was settled as Rs. 50,000, the applicant has paid Rs. 25,000 in advance, the deceased was abducted by other co-accused persons and on 20.11.2006 on the same day he was beaten by lathi and danda and the dead body was thrown into the river on the same day. The co-accused Arvind Kumar Singh alias Dabbu Singh, co-accused Shailendra Pratap Singh alias Rinku was also arrested followed the version given by the co-accused Anil Kumar Singh alias Raju on the same day the statement of the applicant was also recorded who also made confessional statement corroborating the statement of other co-accused persons. Thereafter the motor cycle No. 62V 2638 used in the commission of the offence was also recovered on 3.1.2007. After conducting the investigation the charge-sheet has been submitted against the applicant and five other co-accused persons in which the co-accused Neeraj Singh was absconded.
(3.) IN reply to the above contention it is submitted by the learned A.G.A. and the learned counsel for the complainant that in the present case a good practising lawyer of civil court Jaunpur, has been killed only because civil litigation was pending between the applicant and the deceased for which the applicant was extending threat to enter into a compromise otherwise to face the dire consequence of life. The deceased was not agreed for the compromise, therefore, he has been eliminated by the application through hard criminals on contract basis. The deceased has been murder by other co-accused and a contract of Rs. 50,000 was given for which Rs. 25,000 was paid by the applicant in advance. The deceased was having no criminal antecedent even he was having no enmity with the co-accused who abducted him to commit his murder. Prior the alleged incident also assault was made by the applicant and Prem Nath Shukla alias Binda Tiwari, its report was lodged by the deceased at the P.S. Sikrara on 1.1.2006 under Sections 352 and 504, I.P.C. The deceased has already given an application to the S.S.P., Jaunpur on 7.10.2006 mentioning therein that no action was taken by the police of Sikrara against the applicant in respect of the report lodged by him. It was also alleged that the life of the deceased was in danger. The co-accused Neeraj Singh who is a criminal, was in close association with the father, he was having apprehension that he would be killed by the co-accused Neeraj Singh. He again moved an application to District Magistrate, Jaunpur on 5.3.2007, making allegation against the applicant and other co-accused Prem Nath alias Binda Tiwari mentioning therein that the applicant had discharged shot on 31.12.2005 at about 5 or 6 p.m. by his licensed gun but no action was taken against him and he was having apprehension that he would be killed. After committing this murder, the co-accused Neeraj Singh, who was absconded was extending the threat to the witness and develop pressure for compromising the matter, such an application was given by Rajendra Prasad on 20.3.2007 to S.O. P.S. Sikrara and 15.12.2006, the first informant Lok Nath Shukla had moved an application to the Home Secretary, U. P. Shashan, mentioning therein that there was an imminent danger to his life and the life of his family members due to the co-accused who was absconding in the present case. The applicant is the master mind of this case and at his instance the deceased has been abducted and subsequently killed. IN case, he is released on bail he shall tamper with the evidence. The gravity of the offence is too much because a practising lawyer who was having no criminal antecedent has been abducted and killed by the criminals who were hired by the applicant. Therefore, the applicant may not be released on bail.