JUDGMENT Ravindra Singh, J.
1. This application has been filed by the applicant Bachchan alias Ramesh Singh with a prayer that he may be released on bail in case crime No. 17 of 2005 under Sections 302, 201 I.P.C. P.S. Karma district Sonbhadra.
2. The prosecution story in brief is that that the F.I.R. of this case has been lodged by Kuber Singh at P.S. Karma on 21.2.2005 at 19.30 a.m. in respect of the incident which had occurred on 17.2.2005 at about 12 O' clock in day, the distance of the police station was 14 km, the F.I.R. was lodged against the applicant and three other co-accused persons. It is alleged that the deceased Rajendra Prasad Singh alias Mohan Singh had gone to attend the marriage function on 16.2.2005 by his motor cycle, where the applicant and others persons also met him. From that function the applicant and co-accused Govind Singh came to the house of the applicant, thereafter the deceased did not come back to his house, the first informant came to know that the deceased has been murdered by the applicant and others co-accused persons and after committing the murder the dead body of the deceased has been buried inside the house. But subsequently the dead body has been recovered from the house of the applicant. The applicant is the relative of the deceased. During investigation the I.O. recorded the statements of the witnesses. The dead body was recovered at the pointing out of the applicant when he was on the police remand.
3. Heard Sri Surendra Tiwari learned Counsel for the applicant and the learned A.G.A.
4. It is contended by the learned Counsel for the applicant;
I. That there is no credible evidence collected by the I.O. during investigation and the applicant has been falsely implicated only on the basis of doubt and suspension.
II. That the statements of the witnesses Ram Sanehi and Man Singh have been recorded in the trial court, they did not support the prosecution story, consequently, they have been declared hostile.
5. It is opposed by the learned A.G.A. by submitting;
1. that the applicant is relative of the deceased, he committed the murder of the deceased, thereafter the dead body was buried inside the house, which has been recovered when the applicant was taken by the police on remand.
2. That the trial is at advance stage, the applicant is exercising his influence from the jail also to temper with the witness, therefore, he may not be released on bail.
6. Considering the facts and circumstances of this case and the submissions made by the learned Counsel for the applicant and the learned A.G.A. and from the perusal of record appears that the deceased has been murdered by the applicant who is his relative and the dead body was recovered from the house of the applicant where he was buried at the pointing out of the applicant when he was taken on police remand, the gravity of the offence is too much. The trial is at advance stage where the witnesses are being examined and Ram Sanehe and Man Singh have been declared hostile. At this stage, if any view, is taken on the basis of the testimony of the aforesaid witnesses, it may effect the mind of the trial court and without expressing any opinion on the merit of the case the applicant is not entitled for bail. Therefore, his prayer for bail is refused.
7. Accordingly this application is rejected.