Point of Law: There is no impossibility in the statement of relative witnesses and no contradiction with the statement of independent witness, therefore, prima facie case from statement against the complicity of the accused was sufficiently established by the prosecution.

JUDGMENT :

1. The present Criminal Appeal is moved under Section 14-A(2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 against the bail rejection order dated 24.01.2020 passed by learned Special Judge (S.C/S.T. Act)/Additional Sessions Judge, Barabanki in Case Crime No.09/2020, under Section 302 of I.P.C. and Sections 3(2)(v) of the S.C./S.T. Act, Police Station Loni Katra, District Barabanki seeking bail.

2. Learned counsel for the appellant Sri Suhail Kashif, Advocate and learned A.G.A. for the State Sri Anurag Singh Chauhan, Advocate are present in the Court.

3. Heard the learned counsel for the appellant, learned A.G.A. for the State and perused the record.

4. The prosecution case in brief is that the informant/complainant of the case informed in writing to the local police station i.e. Police Station Loni Katra, District Barabanki that his son, namely, Kuldeep aged about 18 years in the evening of 05.01.2020, after having dinner, left the house but did not return. He could not be traced out despite immense search since night up to next morning. His phone number 7390081077 did not response being switched off on repeated dialing. In the morning of 06.01.2020 at about 09:00 A.M., a girl namely Sadhna D/o Sanjai Rawat when went to graze the grass from the grove of Mohd. Hanif, she found the dead body of the Kuldeep fell face down on the earth. She rushed up to the house of informant and told about the dead body of the deceased-Kuldeep. When the informant with his family members reached on the said grove, they found the dead body of the Kuldeep lying on earth and there was a cut injury at the left side of the neck. The informant suspected some unknown persons who killed his son by cutting throat and throwing the dead body in the grove of the Mohd. Hanif.

5. The information was registered as Case Crime No.09/2020, under Section 302 of I.P.C. and Sections 3(2)(v) of the S.C./S.T. Act, Police Station Loni Katra, District Barabanki, the police started investigation and sent the body for post mortem.

6. Learned A.G.A. for the State has filed the counter affidavit and produced the case diary before the Court, wherein, the statement recorded by the Investigating Officer of witnesses, namely, Ram Naresh (complainant / father of the deceased) and Ms.Kumari Sarita (Sister of the deceased) and some independent witnesses, namely, Ram Kishore Rawat, Bablu Rawat and etc.

7. From the statements of the witnesses recorded by the Investigating Officer, it comes out that prosecution has made up a case against present accused-appellant on the basis of two last seen witnesses connecting him from the offence. The sister of the deceased stated to the informant of the case after the cremation of the deceased that in the night of 05.01.2020 at about 08:00 P.M. to 09:00 P.M., a phone call was attended by the deceased, who respond the caller that he is just coming and when he was intercepted by the sister, not to go without having dinner, he told, will come back soon as Arman is calling him. This statement of father was recorded on 08.01.2020 and supported by the sister's statement that she was told by the deceased that telephone call was of Arman, who asked the deceased to come out of the home.

8. Another independent witness of last seen, Ram Kishore Rawat stated that in the night of 05.01.2020 at about 08:00 P.M. when he was standing in front of his house he saw the deceased-Kuldeep passing through the Roza Road, talking on his mobile phone and the accused-Arman was also going just behind him. He has also stated that accused-Arman and deceased-Kuldeep were swarm friends and used to work together wiring work in four wheelers. They used to be together mostly. This witness suspected that Arman might have committed murder of deceased-Kuldeep.

9. Independent witness, Bablu Rawat has also affirmed the aforesaid statement, on the basis whereof, the accused was arrested and on his information and leading, the murder weapon i.e. blood s