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 facts and circumstances of the case application is allowed. The applicants are directed to be released on bail on each of them executing bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the concerned Magistrate. They shall not tamper with the prosecution evidence. Petition allowed.

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