RAJ KUMAR YADAV Vs. STATE

JUDGEMENT

(1.) THIS application has been moved on behalf of accused-applicant Raj Kumar Yadav, who is detained in case crime no. 415 of 2007 under Sections 302/201 I.P.C. Police Station Thakurganj, district Lucknow. Heard learned counsel for the applicant and learned A.G.A. and perused the record. It is alleged by the prosecution that Smt. Ram Janki the wife of the accused applicant Raj Kumar Yadav had illicit relation with deceased Sudhir Kumar; that on the intervening night of 19/20.9.2007, accused applicant alongwith his wife Smt. Ram Janki committed murder of Sudhir Kumar at their house and thereafter both accused ran away by locking their house. It is argued on behalf of the applicant regarding the genuineness of the prosecution case and proposed evidence that case against accused applicant rests on circumstantial evidence and the prosecution story as has been put forward is quite unnatural; that it is alleged that Smt. Ram Janki had illicit relation with deceased, then why she will join her husband in committing the murder of her alleged paramour; that similar allegations were against Smt. Ram Janki who has been admitted to bail; that the prosecution story as has been put forward does not tally with the medical evidence as the body of the deceased was found swollen owing to distension. Nails and the hairs were loose and easily detachable and as such the the death of deceased had occurred much earlier than it is alleged to have committed by the applicant; that there is no reliable evidence against the applicant and as such the applicant deserves bail. The bail is however opposed by learned A.G.A. Considered the respective submissions made by the parties alongwith the grounds taken by the applicant in his bail application. The applicant is in jail since 11.10.2007. Detailed examination of the evidence proposed to be adduced by the prosecution cannot be entered into at this stage. In view of the facts and circumstances of the present case, having regard to the nature of the offence, severity of the punishment, nature of the evidence proposed to be adduced by the prosecution in support of his case, I am of the opinion that it is a fit case for bail. Therefore, the applicant Raj Kumar Yadav is admitted to bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the C.J.M. concerned.