Point of Law: Murder - Bail Rejected - It is case of brutal murder and chain of linked evidences is not missing - Purpose of determination of this bail application and will in no way be construed as an expression on merits of case.

JUDGMENT :

1. Counter affidavit filed on behalf of informant is taken on record. Learned counsel appearing on behalf of applicant submits that she does not want to file rejoinder affidavit.

2. Heard Mrs. Sadhna Upadhya, learned counsel for the applicant, Mr. Virendra Kumar Maurya, learned A.G.A. representing the State of U.P. as well as Shri Varun Kumar Srivastava, learned counsel appearing on behalf of the informant and perused the record.

3. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 231 of 2019, under Sections 396, 412 I.P.C., Police Station-Pinahat, District-Agra during the pendency of trial.

4. As per the prosecution case in brief, informant Virendra Gupta lodged F.I.R. on 24.11.2019 at 20:30 O'clock against unknown persons for the offence under Section 302, 394 I.P.C. alleging inter-alia that around 6:13 pm when he returned home after closing his shop, he found the main gate of his house latched from inside. Thereafter, he started banging the door and called his wife. After repeated attempts of calling his wife out when he did not get any response from inside, he took the assistance of his neighbour Champa's son, who climbed the wall of the house and opened the main gate from inside. When they entered the house, informant's eyes landed in the kitchen, where he found his wife lying in a pool of blood with her hand tight with the plastic rope. Her legs were tight with a cartoon packing tape. She has a piece of cloth stuffed in her mouth and had injury marks on her head and neck. On hearing his noise, his neighbour Pappu Sharma, Sunil Gupta, Hariom Gupta, Raghvendra Chauhan and some other also reached at the spot. All the household articles in the rooms were scattered here and there and almirahs were opened. In addition, amount of Rs. 4 lacs and 10 thousand cash, gold and silver ornaments approximately 35 tola, silver approximately 1 k.g. and earrings of his wife Veervati (deceased) were also missing.

5. It is argued by learned counsel for the applicant that applicant is not named in the F.I.R. and has been falsely implicated by the police due to local party bandi. It is next submitted that applicant is a lineman and was working in Electricity Department on contract. Police has shown a false recovery of Rs. 1,43,500/-from his pant and further in order to implicate him in the present case shown a false recovery of stone in question on his pointing out from an open place. As per the prosecution case the applicant has been made an accused on the basis of statement dated 25.11.2019 under Section 161 Cr.P.C. of the informant, wherein repeating the F.I.R. version he has added that when he and other family members asked his daughter Julie about the incident she was crying and continuously shouting 'Khuni-Khuni' and also indicated that accused had hit her mother by stone (sil). It is also stated that she was also having a pouch of kurkure, regarding which she told that said pouch of kurkure was given to her by Khuni. On asking specific question to him by the police that who is Khuni, the informant replied that he resides in front of his house and his name is Ram Naresh s/o Surendra Chandra Sharma. It is stated that after the incident other neighbours came to his house to console him, but he did not come. It was also informed by the informant that after the incident applicant absconded somewhere else. Much emphasis has been given by the learned counsel for the applicant that the applicant in paragraph no. 27 of the bail application has stated that "Julie, daughter of the informant and deceased is mentally disabled and she is even unable to talk properly. When she saw her mother in a pool of blood, she screamed as 'Khuni-Khuni' which means that some person has murdered her mother. Since the applicant is known as 'Ram Naresh @ Khuni', so merely on his nick name he has been made scapegoat in the present case". Investigating Officer has not recorded the statem