Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is the bail application on behalf of the applicant, Ajay Kumar Maurya alias Rajan involved in Case Crime No.1405 of 2010, under Section 302 IPC, Police Station Kotwali Basti, District Basti.
The prosecution case against the applicant is that he is lover of one Smt. Meena @ Kajal. The deceased Vikas Mishra was husband of Smt. Meena @ Kajal who is alleged to have illicit relation with the applicant. The deceased Vikas Mishra was security guard in some hospital. It is alleged that in the intervening night of 14/15.6.2010, the applicant and Smt. Meena @ Kajal hatched conspiracy to commit murder of the deceased. Consequently, the deceased was murdered by the applicant and Smt. Meena @ Kajal in pursuance of conspiracy by assaulting with axe.
The first information report of the incident was lodged in the following morning in which the applicant was not named as accused but he was addressed to be paramour of the lady. The evidence against the applicant according to the prosecution case is that of Hitesh Pratap Mishra who is alleged to have seen the applicant with the deceased lastly. Hitesh Pratap Mishra disclosed this fact of last seen ten days after the said incident and he kept mum for ten days inspite of coming to know about the incident of murder. The evidence against the applicant is the recovery of axe on 27.6.2010 after 11 days of the said murder at the pointing out of the applicant which the applicant gave to the police after digging up earth from field.
Learned counsel for the applicant has submitted that the applicant is in jail since 27.6.2010 i.e. more than two years.
Learned AGA has not disputed the aforesaid facts.
Considering the facts and circumstances of the case, nature of the evidence coupled with the other factors and without making any comment on merits of the case, it appears to be a fit case for bail. The bail application is allowed.
Let the applicant Ajay Kumar Maurya alias Rajan involved in Case Crime No.1405 of 2010, under Section 302 IPC, Police Station Kotwali Basti, District Basti, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 27.7.2012 rkg