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2022 Supreme(All) 25

SHAMIM AHMED
Sumit Kumar @ Angrej – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Neelam Verma, Sanjive Kumar Tripathi
For the Respondent: G.A.

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 mo

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