RAJENDRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli ­cation has been filed by the applicant Rajendra with a prayer that he may be re ­leased on bail in Case Crime No. 606 of 2007 under section 304 I.P.C., P.S. Thakurdwara, District Moradabad.

(2.) THE facts in brief of this case are that the FIR of this case has been lodged by Surendra on 25.11.2007 at 07.50 a.m. in re ­spect of the incident which had occurred in the night of 24/25.11.2007 at about 02.00 p.m. In present case the applicant and co -accused Smt. Reena are named in FIR as ac ­cused whereas the co -accused Smt. Reena is the wife of the first informant. It is alleged that she was having illicit relations with the applicant. The deceased being father -in -law of co -accused Smt. Reena was objecting the applicant and co -accused, he was considered to be an obstruction by the applicant and co -accused in continuation of their illicit rela ­tions that is why they have committed the murder of the deceased Suraj Singh and ran away from the house of the deceased. Ac ­cording to the post mortem examination report the deceased has sustained 7 ante mortem injuries and the cause of death was due to ante mortem smothering.

(3.) IT is contended by learned Counsel for the applicant that FIR of this case has been lodged only on the -basis of doubt and suspi ­cion and the alleged witness has not been witnessed by any person but during investi ­gation the statement of some witnesses were recorded which are not reliable and there is no credible evidence to show that applicant has committed the murder of the deceased. The applicant is not having any criminal ante ­cedent, he is an innocent person, therefore, he may be released on bail.