Point of Law : Grant of Bail - Considering facts and circumstances of this case, including the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence.

JUDGMENT :

Shamim Ahmed, J.

Heard Mrs. Neelam Verma, learned counsel for the applicant and learned A.G.A. for the State and perused the record.

2. Applicant has moved the present bail application seeking bail in Case Crime No. 98 of 2021 Under sections 302 and 201 I.P.C.,Police Station-Kheri, District Kheri. Learned counsel for the applicant submitted that as per the prosecution case on 9.3.2021 Ankit Singh (complainant) had registered a Gumsudgi report regarding missing of his brother namely Pinku Singh (deceased) who had left his house on 8.3.2021 at about 6.00 p.m. having mobile no. 9838642966 and did not return to his house till 9.45 p.m. On 11.3.2021, the corpse of the deceased was found in the field. Thereafter a first information report was lodged unknown on 13.3.2021 at 14.01 Hrs. registered as case crime no. 98 of 2021 under sections 302 and 201, Police Station-Kheri, District Kheri.

3. Learned counsel for the applicant further submitted that in the statement recorded under section 161 Cr.P.C. first time i.e. on 13.3.2021, complainant has stated that deceased used to do farming with the accused applicant taking agricultural land on contract. The deceased used to collect the money from the group of ladies who were members of a group and deposit the same with the Bank. The account was opened in the name of two ladies namely Pappi and Sunita. He further stated that deceased had left his house informing his wife Radha that he is going to meet to Badey alias Atul Kumar Shukla, who had called him and he will also come to Oeal Puliya on his motorcycle to pick him.

4. Learned counsel for the applicant further submitted that complainant neither in the said statement nor in the first information report made allegation of commission of murder of the deceased by the accused applicant.

5. Learned counsel for the applicant further submitted that in the statement recorded under section 161 Cr.P.C. first time on 14.3.2021, Radha wife of deceased has stated that deceased had gone to Khagi Oeal Puliya to meet to Badey alias Atul Kumar Shukla. On the said date, independent witness Ram Ratan and Veer Pal Singh have narrated the same version in the statement recorded under section 161 Cr.P.C. The name of the applicant was not taken by the wife of deceased.

6. Learned counsel for the applicant further submitted that on the basis of the call detail reports obtained it was found that the deceased had talked with Atul Kumar Shukla on 8.3.2021 at 6.42 p.m. Thereafter statement of Atul Kumar Shukla alias Badey was recorded under section 161 Cr.P.C. on 24.3.2021, in which he has neither stated anywhere about the alleged commission of murder of deceased nor he has taken the name of applicant regarding the alleged incident.

7. Learned counsel for the applicant further submitted that deceased's wife Radha in her statement recorded under section 161 Cr.P.C. on 5.5.2021 second time i.e. after about two months has stated that there was some money dispute between the accused applicant and deceased and raised suspicion that the applicant has committed murder of deceased. Independent witnesses namely Udai Veer Singh alias Surpanch and Arpit Singh who are her father and brother in their statements recorded under section 161 Cr.P.C. on 5.5.2021 have narrated the same version.

8. Learned counsel for the applicant further submitted that complainant in the second statement recorded under section 161 Cr.P.C. on 29.5.2021 raised suspicion on one Ram Dularey and not on the present applicant. On 27.7.2021 deceased's wife Radha gave an application to the I/c Inspector, Police Station Kheri, District Kheri alleging therein that applicant has committed murder of the deceased and he has also confessed his guilt before Rahul Singh alias Dhirendra Singh (husband of the younger sister of deceased's wife). Radha, wife of deceased in the third statement recorded under section 161 Cr.P.C. on 27.7.2021 narrated the same story of application dated 27.7.2021. Witness Rahul alias Dhire