KALUA Vs. STATE O

JUDGEMENT

(1.) RAVINDRA Singh, J. This bail application has been filed by the applicant Kalua with a prayer that he may be released on bail in case crime No. 31 of 2007 under sections 302,364-A and 201 IPC, P. S. Jagner, District Agra.

(2.) THE facts in brief of this case are that the FIR has been lodged by Vinod Kumar Sharma on 8. 2. 2007 at 0. 15 A. M. in respect of the incident which had occurred on 30. 1. 2007 at about 6. 00 P. M. THE applicant is named in the FIR. It is alleged that the son of the first informant namely Rahul aged about 18 years was kidnapped for the purpose of ransom ultimately he was killed. THE dead body of the deceased has been recovered at the pointing of the applicant and other co-accused. THE cause of death was due to suffocation because of ante-mortem injuries. THE applicant applied for bail before learned Special Judge, D. A. A. Agra, who rejected the same on 10. 10. 2007. Being aggrieved from the order dated 10. 10. 2007 the present bail application has been moved by the applicant.

(3.) IN reply of the above contention, it is contended by learned A. G. A. that applicant is not named in the F. I. R. , he was seen in the company of the deceased, he demanded Rs. Two lacs as a ransom on a telephone, his voice was identified by the first informant. The dead body of the deceased has been taken out from a pit by the applicant and other co-accused person after digging mud and the scarf used in the commission of the alleged offence has been recovered from the possession of the applicant. The chain of the circumstance is complete, therefore the applicant may not be released on bail.