K. H. N. KURANGA, J. ( 1 ) SHRI S. C. Datt, Senior Advocate, with Shri Prashant Mishra for applicant Ashok Kumar Mishra in M. Cr. C. No. 656/2004. Shri P. K. C. Tiwari, learned counsel for applicant Khemraj Agrawal in M. Cr. C. No. 2922/2003. Shri J. D. Bajpai learned Govt. Advocate for the State. Shri G. S. Ahluwalia, learned counsel for the objectors i. e. Mother and brother of the deceased. ( 2 ) HEARD counsel for the parties and perused the objections/written submissions filed by the State and the objectors. ( 3 ) SINCE these two petitions namely M. Cr. C. Nos. 656/2004 and 2922/2003 arise out of Crime Number 117/2003, registered in Police Station Kotra Road, Distt. Raigarh for the offences punishable under Sections 302, 201 and 120-B read with Section 34 of IPC, they are disposed of by this common order. ( 4 ) NAME of the deceased is San-geeta Kalia, aged about 34 years. The incident took place on the night of 21/22-10-2003. The Kotwar of the village Kosamnara, by name Guharam saw the dead body of the deceased which was lying in the rice field on 22-10-2003 at about 8. 00 a. m. and he reported the matter to the police and on the basis of which at about 12. 15 p. m. , Merg intimation No. 35 of 2003 was registered. Thereafter, the police went to the spot, recovered the dead body of the deceased and it was sent for post mortem examination. ( 5 ) THE doctor conducted the post mortem report at about 3. 50 p. m. and he noticed one lacerated wound on the parietal region measuring 10 x 3 cm, bone deep and parietal bone was frac-tured. He also noticed one lacerated wound on the left ankle. The doctor has also stated that the deceased was carrying pregnancy of 20-22 weeks. According to the doctor, the cause of the death was comma due to head injury. Thereafter, the Station House Officer of Kotra Road Police Station filed the complaint and registered the aforesaid Crime Number against the four accused persons namely, Ashok Kumar Mishra, applicant in M. Cr. C. No. 656/2004, Khemraj Agrawal applicant in M. Cr. C. No. 2922/2003, Harish Patnaik and Amit Mishra, the nephew of Ashok Kumar Mishra. It is submitted that Amit Mishra is still absconding. C. No. 656/2004, Khemraj Agrawal applicant in M. Cr. C. No. 2922/2003, Harish Patnaik and Amit Mishra, the nephew of Ashok Kumar Mishra. It is submitted that Amit Mishra is still absconding. ( 6 ) APPLICANT Ashok Kumar Mishra was arrested by the police on 22/10/2003 and from his right side pant pocket, wristwatch of the deceased of Dolaris Company was seized. On 25/10/2003, one affidavit dated 21/10/2003 sworn to before the Notary by the deceased was also recovered from the table in the office of Ashok Kumar Mishra who is an Advocate. It is stated that the wristwatch and the affidavit were stained with blood. On 22-10-2003 itself Ambassador Car which was used for committing the offence was seized from the house of Ashok Kumar Mishra and some blood stains were found on the body, side glasses, seat cover and left rear door of the car. Some blood stained hair were sticking on the rear side door. They were collected and sent for chemical exami-nation. The police also recovered burnt material i. e. some ash from the courtyard of Ashok Kumar Mishra. Mud on the tyre of Ambassador Car, one mobile phone of Samsung Company were also recovered to show that the calls were made from the spot in that mobile phone. ( 7 ) ANOTHER accused Harish Pat-naik was arrested on 23-10-2003 and on his information, one Musal, (iron pounder) and Chappal of the deceased, which were found in a ditch near the spot and his clothes which were blood stained were also recovered. The police also seized Bolero jeep bearing registration No. CG-13c/0103 and some papers relating to that vehicle from the garage of Anil Agrawal who is a witness. ( 8 ) THE case of the prosecution is that deceased Sangeeta Kalia came in contact with accused Ashok Kumar Mishra in the year 1992-1993, when her mother engaged him as her counsel in some civil and criminal cases. The de-ceased became close to accused Ashok Kumar Mishra and gradually relationship developed between them. In the year 1998, he married her in a Mandir in the presence of priest. Later on, the relation-ship between the deceased and accused Ashok Kumar Mishra became very much strained and Ashok Kumar Mishra got her pregnancy aborted twice between 1998-2001. When she became pregnant for the third time, he wanted her to get the pregnancy terminated or aborted. In the year 1998, he married her in a Mandir in the presence of priest. Later on, the relation-ship between the deceased and accused Ashok Kumar Mishra became very much strained and Ashok Kumar Mishra got her pregnancy aborted twice between 1998-2001. When she became pregnant for the third time, he wanted her to get the pregnancy terminated or aborted. But she was not willing to do so and on the date of the incident she was carrying 20-22 weeks pregnancy and that was the reason she was refusing to undergo abortion. ( 9 ) IT is stated in the objection filed by the State that the deceased had filed some cases before the Police against Ashok Mishra and the Police did not take any action. She filed a report before the Superintendent of Police, Raigarh. It is also stated that she filed a Writ Petition namely, w. P. No. 2195/2001 against accused Ashok Kumar Mishra which was dismissed for non prosecution. She filed M. Cr. C. No. 2740/200 1 which was withdrawn later on. ( 10 ) FURTHER the case of the prose-cution is that after the marriage the deceased and Ashok Kumar Mishra were staying in a rented house and thereafter they shifted to a Hotel and later on when the relations were strained she went back to her mothers house and on the date of the incident, she was staying in her mothers house. Few days prior to the date of incident all the accused persons and others went to her mothers house and threatened the mother and brother of the deceased asking them to advise the deceased to undergo abortion as otherwise they would kill the deceased and throw her. Their statements have been recorded during the investigation. ( 11 ) FURTHER case of the prosecution is that on 20-10-2003, accused Ashok Kumar Mishra, sent a letter to the deceased which was in his handwriting stating that between 5-6. 00 p. m. on the next day i. e. 21-10-2003, he would meet her after completing the Court work. Accordingly on 21-10- 2003, between 5. 30 and 6. 00 p. m. , he went to parents house of the deceased in the Ambassador Car and took her in that car. Between 7-8 p. m. Anil Agrawal saw Ashok Mishra taking the deceased in his Ambassador Car. Accordingly on 21-10- 2003, between 5. 30 and 6. 00 p. m. , he went to parents house of the deceased in the Ambassador Car and took her in that car. Between 7-8 p. m. Anil Agrawal saw Ashok Mishra taking the deceased in his Ambassador Car. Further case of the prosecution is that accused Ashok Kumar Mishra took her to a Notary and the deceased sworn to an affidavit which was later on recovered at the instance of accused Ashok Kumar Mishra from his office and the same was stained with blood. Thereafter, Ashok Kumar Mishra took the deceased in the Ambassador Car along with his nephew Amit Kumar Mishra and Harish Patnaik and fued some petrol in Kashi Petrol pump at about 9. 00 p. m. Thereafter, the case of the prosecution is that the deceased was assaulted in the Car by the accused persons with Musal and after her death, the dead body of the deceased was thrown in the rice field and while coming back, the Ambassador Car was struck in the mud. ( 12 ) AT about 11. 00 p. m. witness Anil Agarwal received a phone call from accused Ashok Kumar Mishra asking him to send a vehicle as his Ambassador Car has been stuck in the mud and Anil Agarwal sent Parkhit Sahu, a driver, in a jeep with a tochan to pull out the vehicle. Parkhit Sahu was the first man to reach the spot which was about 5-6 kilometers from the town near the bypass road. Parkhit Sahu has stated in his statement that when he reached the spot he saw Ashok Mishra, Harish Patnaik, Khemraj and nephew of Ashok Mishra namely Amit Mishra were standing on the road. He has stated that he tied the tochan and tried to take out the vehicle with the help of tochan but it was broken. Then he himself, Ashok Mishra, Harish Patniak, Amit Mishra and Khemraj all of them went to Anil Agarwal to collect new tochan. But Anil Agarwal said that he does not have one. Then Ashok Mishra went to his house took out the wire which was tied for drying the clothes. They took Hero Honda and Luna vehicles and went to the spot. At about 1. 00 or 1. But Anil Agarwal said that he does not have one. Then Ashok Mishra went to his house took out the wire which was tied for drying the clothes. They took Hero Honda and Luna vehicles and went to the spot. At about 1. 00 or 1. 30 a. m. witness Khushiram met Khemraj Agarwal near Kabir Chowk in front of the house on one Rajkishore, and Khemraj called him and told him to knock the door of Rajkishore. Then he said that we were coming from the house of Home Minister and the vehicle has been stuck in the mud and asked him to get a tochan. They saw a lathe machine shop, which was open and they went to that shop and asked for a tochan and the owner of the shop gave one tochan and thereafter they went to the spot with extra tochan. ( 13 ) WHEN the Ambassador car was taken out, Ramakant Sharma, Station House Officer of Chakradhar Nagar Police Station and Daniel Toppo, Constable, reached the spot. They were on general round duty during the night. They wanted to visit Baba Shankar Bhagwan. They saw a White Ambassador Car and one Marshal Jeep were standing and the Marshal Jeep left the spot after their arrival. The Station House Officer saw Ashok Mishra, Harish Patniak, Khemraj and nephew of Ashok Mishra namely Amit Mishra and he asked them as to what happened then Ashok Mishra and Khemraj told him that they came to visit Baba and the vehicle has been stuck and it has been taken out with the help of a tochan. Thereafter the Station House Officer and the Constable went ahead. While they were returning again they saw the vehicle was stuck in the mud near the brick kiln. The case of the prosecution is that after the Ambassador Car was taken out from the first place where it was stuck in the mud they wanted to take a turn near the brick kiln where there was space and while taking a turn again the car was stuck in the mud near the brick kiln for the second time. At about 2. At about 2. 30 a. m. again Dinesh Agarwal received a phone call asking for help and he along with driver Murli went to the spot in a BOLERO Jeep and there he saw Ashok Mishra, Amit Mishra, Harish Patnaik and Khemraj on the spot and the vehicle was taken out for the second time. ( 14 ) MR. Datt, Senior Advocate, appearing for accused Ashok Kumar Mishra submitted that there are no eyewitnesses to the incident. The accused persons were last seen near the spot is a weak type of evidence. Mr. Datt has relied upon the judgment in Prakash Mohadeo Godse v. State of Maharashtra and submitted that the facts raising grave suspicion against the accused is not sufficient to hold him guilty of the offence. In the said case the principal incri-minating circumstance established against the appellant was the proof of the fact that he was seen proceeding with the deceased towards the Krida Bhavan at about 5. 00 p. m. on the date of the occurrence. That circumstance remai-ned unexplained by the appellant. But the Court said that the appellant was found standing in front of one of the cottages near the Krida Bhavan at about 5. 30 p. m. The Court held that the facts taken along with the other facts of the case undoubtedly raise a grave suspicion against the accused. They were insufficient to hold the appellant guilty of the offences he was charged. But in the present case, there are other circumstances also. Ashok Mishra was seen taking the deceased from her mothers house in a Ambassador Car and thereafter taking her to a Notary, getting an affidavit sworn to by her and thereafter going to a petrol pump, filling the petrol and thereafter all the accused were found together when the car was stuck in the mud and the other circumstances namely some parts of the car including the seat cover of the car were blood stained and blood stained hair sticking to one of the doors of the car was also found and they were collected and sent to chemical examiner. In the circumstances it is difficult to accept the contention of Mr. Datt. ( 15 ) MR. In the circumstances it is difficult to accept the contention of Mr. Datt. ( 15 ) MR. Datt relied upon the judgment in Joginder Kumar v. State of U. P. and others and submitted that in this case there was no justification for the Police to arrest the accused persons particularly Ashok Mishra. In the said case the Court held that the person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justifi-cation in the opinion of the Officer effecting the arrest that such arrest is necessary and justified. Except in heinous offence, an arrest must be avoided if a police officer issues notice to person to attend the Station House and not to leave Station without permission would do. But the offences alleged against the accused in this case are heinous offences. Moreover, there are strong circums-tantial evidence against the accused persons and therefore it is difficult to say that the arrest of the accused persons was unreasonable or there is no justification. ( 16 ) MR. Datt further submitted that Ashok Mishra had no motive to commit the murder of the deceased. Earlier two pregnancies were spoiled and Ashok Mishra was not responsible for those abortions. He further submitted that on 3rd September 2003 one Ajay entered the house of the deceased to misbehave with her. The deceased phoned up to Ashok Mishra for help which shows that she was in good terms with Ashok Mishra and the relationship between the deceased and Ashok Mishra were not strained. Mr Datt further submitted that the state-ment of Dr. Smt. Dubey a Gynecologist shows that the deceased had gone to her twice stating that the child was spoiled and she has further stated that third time she came to her to save the child. The statement of the doctor shows that earlier two pregnancies were not got terminated at the instance of applicant Ashok Mishra but it was only a natural abortion. ( 17 ) SO far as the motive and the strained relationship between the deceased and applicant Ashok Mishra is concerned, there are statements of mother and brother of the deceased. The statement of the doctor shows that earlier two pregnancies were not got terminated at the instance of applicant Ashok Mishra but it was only a natural abortion. ( 17 ) SO far as the motive and the strained relationship between the deceased and applicant Ashok Mishra is concerned, there are statements of mother and brother of the deceased. They have stated that Ashok Mishra married the deceased in Mandir and they were staying in a rented house and since there were strained relationship they went to a hotel and they were staying there for sometime and thereafter the deceased came back to her mothers house and she was staying there on the date of the incident. They have also stated that applicant Ashok Mishra and other accused persons went to the house of the deceased prior to the date of the incident and threatened them asking them to advise the deceased to undergo abortion otherwise they would kill her and throw her. The mother and the brother of the deceased have also stated that previous day of the incident Ashok Mishra had sent a letter and on the next day i. e. on the date of the incident namely 21-10-2003 he came and picked up the deceased in his Ambassador Car between 5. 00 and 6. 00 p. m. saying we will compromise. They have also stated that Ashok Mishra was insisting the deceased to undergo abortion and she was refusing to undergo abortion because she was carrying 20-22 weeks of pregnancy. In view of the statements of these two witnesses, it is difficult to accept the contention of Mr. Datt that Ashok Mishra had no motive or reason to commit the murder of the deceased. ( 18 ) NO doubt, there are no eyewit-nesses to the incident. But circum-stantial evidence collected by the Police during the investigation is very strong. ( 19 ) NO doubt the accused were last seen near the place of the incident is submitted by Mr. ( 18 ) NO doubt, there are no eyewit-nesses to the incident. But circum-stantial evidence collected by the Police during the investigation is very strong. ( 19 ) NO doubt the accused were last seen near the place of the incident is submitted by Mr. Datt is a weak type of evidence, but the incident took place in the night and the place where the dead body of the deceased was found was about 35 feet from the place where the car was stuck in the mud and all the four accused persons were found near the car standing on the road and they made attempts to take out the car, phoned up various persons, got the tochan and removed the car and thereafter again it was stuck near the brick kiln while taking a turn. Again attempts were made and the witnesses were secured and the second time it was taken out in addition to that bloodstains were found in the car, which were seized including the seat cover, and the blood stained hair were sticking to one of the doors, which were also seized by the Police and sent for chemical examination. In the circumstances, it is difficult to accept the contention of Mr. Datt. ( 20 ) NO-DOUBT on 3rd September 2003 one Ajay entered the house of the deceased to misbehave with her and she phoned up to Ashok Mishra for help. Only on the basis of this, it cannot be said that the deceased and Ashok Mishra were on good terms. The statements of the mother and brother of the deceased are sufficient to show that they were not on good terms. ( 21 ) SO far as accused Khemraj, the applicant in M. Cr. C. No. 2922 of 2003 is concerned, Mr. P. K. C. Tiwari submitted that witness Anil Agarwal who saw the Ambassador car driven by Ashok Mishra between 7. 00 and 8. 00 p. m. has not stated that Khemraj was present in the car. Anil Agarwal has stated in his statement that he saw Ashok Mishra driving the car and deceased sitting in the front seat and in the rear seat Amit Mishra and Harish Patnaik were sitting. But the presence of Khemraj on the spot has been spoken to by a number of witnesses. ( 22 ) MR. Anil Agarwal has stated in his statement that he saw Ashok Mishra driving the car and deceased sitting in the front seat and in the rear seat Amit Mishra and Harish Patnaik were sitting. But the presence of Khemraj on the spot has been spoken to by a number of witnesses. ( 22 ) MR. Tiwari further submitted that when the vehicle was stuck in the mud he received the message and like others he also went to the spot to help Ashok Mishra to take out the vehicle. He further submitted that the statement of Khushiram shows that at about 1. 30 a. m. Khemraj asked for getting a tochan and he arranged for tochan and thereafter Khemraj went to the spot. There is no material to show that he went to the spot after receiving the message that the car was stuck in the mud and he was asked to help. ( 23 ) MR. Tiwari further submitted that no recovery has been made from accused Khemraj. No- doubt recoveries have not been made from the accused but we cannot ignore the other circumstan-tial evidence collected by the Police against him. ( 24 ) THE Police have recorded the statements of various witnesses inclu-ding the statements of the mother and brother of the deceased who have stated that few days earlier to the incident all the accused persons along with others went to their house and threatened them asking them to advise the deceased to undergo abortion as otherwise they would kill and throw her. Thereafter they also saw Ashok Mishra taking the deceased in Ambassador Car. The Police have also seized the affidavit which was sworn to by the deceased before Notary on the same day which was found blood stained. The wrist watch of the deceased was produced by Ashok Mishra from his right side pant pocket and the Police have also recorded the statements of the witnesses who received the phone calls from accused Ashok Mishra for help made from the spot and for tochan and for removing the vehicle and the witnesses who went there and took out the vehicle twice. They have also recorded the statements of the Station House Officer and the Constable of Chakradharnagar Police Station who had seen all the accused persons near the spot where the car was stuck in the mud and the spot was about 35 feet from the place where the dead body of the deceased was found. ( 25 ) ON behalf of the State the judgment in Amarnath Gupta v. State of M. P. has been relied upon. That was a case of dowry death. The accused was a lawyer by profession. The Court held that it is not a relevant consideration for grant of bail. ( 26 ) HAVING regard to the facts and circumstances of the case, material collected by the Police during the investigation and the seriousness of the offences alleged against the applicants, I am of the opinion that it is not a fit case to admit the applicants to bail. The petitions are, therefore, liable to be rejected and they are rejected. Petition dismissed. --- *** --- .