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Ravindra v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 16684 of 2006  RD-AH 14393 (25 August 2006)
Crl. Misc. Bail Application no. 16684 of 2006
Ravindra . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .Applicant .
State of U.P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Opp.Party.
Applicant, Ravindra is involved in this case crime no. 1005 of 2005 under section 460 I.P.C. of police station Charkhari district Mahoba.
I have heard learned counsel for the applicant and learned A.G.A. for the State.
The prosecution case starts with a first information report lodged by Jagdambika Prasad, Head Clerk of the office of Nagar Kshetra, Charkhari on 25.12.2005 at police station Charkhari in which it was stated that on the aforesaid date Principal of Maharani Jayanti Devi Kanya Purva Madhyamik Vidyalaya gave an information in writing that Smt. Poona Devi, working as a Class IVemployee, had been continuously absent for three days and so she went to her house at about 10 A.M. and found that it was locked from outside and sound of goats was coming from inside. Some neighbours also collected there and incharge of police out post, Sri R.N. Nirala also came there. Then the lock was broken open and on entering the house it was found that Smt. Poona Devi aged about 59 ½ years was lying dead on a cot inside the room and the goods lying there were not disturbed. Then she gave this information to the Head Clerk and he lodged a first information report on the basis of which the police registered a case under section 460 I.P.C.
During investigation it was stated before the Investigating Officer by one Anirudh that on 23.12.2005 at about 9 P.M., he was going to take medicines and when he reached infront of the room of Smt. Poona Devi, he saw Ismile, Ravindra Lodhi and Deepak Thakur talking to her and saying to go inside and thereafter they went inside the house, and subsequently he came to know that Smt. Poona Devi had been murdered, and so he was confident that she was murdered by these persons who are criminals and due to their fear he did not tell about this incident earlier to any one. This statement was recorded on 21.2.2006. On the same day Mohammad Rasheed Mansoor also stated before the Investigating Officer that on 23.12.2005 at about 11 P.M. he was coming from Mahoba and saw that the aforesaid three persons were standing at the door of Smt. Poona Devi and they were locking the door from outside. Subsequently he came to know that Poona Devi had been murdered and incident of theft had also taken place, and, therefore, he was confident that the above named persons had murdered her. He also did not tell anything about this incident to police due to fear of the accused.
The applicant has alleged that he is innocent and has been falsely implicated in this case.
The learned counsel for the applicant submitted that the aforesaid statements of Anirudh and Mohammad Raseed Mansoori were recorded at a very late stage after two months of the incident and those allegations do not appear to be correct that they had seen the accused at the house of Smt. Poona Devi on 23.12.2005 and even after coming to know that Poona Devi had been murdered they did not give any information of this fact that they had seen the accused persons at the house of Poona Devi on 23.12.2005. Their assertions made on 23.2.2006 after a lapse of two months from the date of incident appears to be an afterthought and so no reliance should be placed upon the same and the applicant should be released on bail.
Without expressing any opinion on the merits of the case but taking into consideration the facts and circumstances pointed out above, I am of the view that the applicant deserves to be bailed out.
Let the applicant named above be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties in the like amount to the satisfaction of the court concerned.
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