Saroj Bala, J. - (1.)This is an application for bail moved on behalf of the applicants Hira Lal and Santosh indicated in case crime No. 151 of 2006 under Sec. 302 Penal Code P.S. Sarai Mumrej, District Allahabad.
(2.)Heard Shri Deepak Dubey, learned Counsel for the applicants, learned A.G.A. and have perused the record.
(3.)The First Information Report was lodged by the brother of the applicant Hira Lal on 17.12.2006 at 8.45 A.M. naming the applicants and co-accused. On 19.12.2006 the first informant made an application to the Senior Superintendent of Police, Allahabad stating therein that his father was killed by some unknown persons in the night of Dec., 16/17.2006 and the applicants and co-accused were named at the behest of the police. In support of the bail application, affidavit of first informant has been filed. Co-accused Rakesh Dubey has been granted bail. There only circumstantial evidence is that the applicants and co-accused were seen going towards the school where the deceased was sleeping. In view of these facts, I consider it to be a fit case for bail.