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Judgment
Rajesh Kumar, J
Heard learned counsel for the applicant and learned A.P.P. for the State.
The applicant, who is in custody since 01.11.2021, has approached this Court for grant of regular bail in connection with POCSO Case No. 04 of 2021 arising out of Hussainabad P.S. Case No.248 of 2020.
FIR of murder has been lodged against two known and one unknown. Innocence has been claimed and it has been submitted that in the FIR, there is no allegation against this applicant and further, by referring to the confessional statement of one of the co-accused, it has been submitted that crime has been committed by other co-accused persons and this applicant is not involved anywhere in the present case and as such, the applicant is entitled for bail. Further, one of the co-accused, namely, Birendra Paswan has already been enlarged on bail although he has confessed his guilt.
On the other hand learned A.P.P. has opposed the prayer for bail. Having heard learned counsel for the parties and on perusal of the record, it appears that there is no eye witnesses to the incident. FIR has been lodged on the basis of suspicion but the statement made in the FIR suggests that immediately after the incident, this applicant has again threatened that same incident will be repeated regarding other family members. The police after investigation, has found the involvement of this applicant in commission of the crime.
Considering the nature of the crime and the material available on the record, I am not inclined to grant bail to the applicant. Accordingly, the prayer for bail of the applicant stands rejected.