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Judgment
Prashant Kumar Mishra, ACJ
Heard.
The applicants have preferred this bail application filed under Section 439 of the Cr.P.C. for grant of regular bail as they are arrested in connection with crime No.168/2018 registered in Police Station Ramanujganj District Balrampur Ramanujganj, for the offence punishable under Sections 302 & 201 read with Section 34 of the Indian Penal Code.
Both the applicants and co-accused Shivkumar have allegedly committed murder of deceased Heeralal on or about 5.00 pm on 17-10-2018 and caused disappearance of crime by burying the dead body near culvert/nalha in the forest of village Chatwa. There is no ocular version of the incident. The evidence against the applicants is in the nature of recovery of a mobile set from the applicant No.1 and stone, which was used as a weapon for committing murder, from the applicant No.2. Prosecution has also got recorded the statement of applicant No.1 under Section 164 of the Cr.P.C.
Considering the nature of evidence collected by the prosecution against the applicants; further considering the fact that the charge sheet has already been filed; conclusion of the trial will take some more time; and also the fact that the applicants are in detention since 6-12-2018 this Court is inclined to release them on bail. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.25,000/- with one surety each for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.
