K. H. N. KURANGA, J.

( 1 ) HEARD Shri Arun Kochar learned counsel for the applicant and Shri A. K. Verma learned Dy. Advocate General for the State.

( 2 ) THE applicants are some of the accused in crime No. 235/2001 registered in Abhanpur police station for the offences punishable under Sections 302, 201/34 IPC. There are two other accused persons.

( 3 ) THIS application has been filed by the applicants under Section 439 of Cr. P. C. for grant of bail. It is submitted that they have been arrested on 15/10/2001. The incident took place on 14/10/2001.

( 4 ) THE case of the prosecution is that on the information of applicant No. 1 one axe was recovered which was stained with some object like blood and on the information of the applicant No. 2 one axe and one cycle belonging to the deceased were recovered. It is submitted that the axe was not stained with blood.

( 5 ) THE case of the prosecution depends upon only circumstantial evidence and except this circumstance there is no other circumstance.

( 6 ) IT is submitted that the police after completing the investigation has filed the charge sheet and the other accused persons have already been released on bail.

( 7 ) HAVING regard to the

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