JUDGMENT Hon’ble Alok Kumar Singh, J.—Heard learned counsel for the applicant and also the learned A.G.A. 2. The applicant is involved in case crime No. 59 of 2005, for the offences under Sections 302/120 IPC, Police Station Adalhat District Mirzapur. 3. It is alleged that the complainant’s husband (victim) had taken an amount of Rs.300/- as loan from his nephew ( elder brother’s son) Rajesh alias Raju Patel (applicant), which he had returned. But according to Rajesh it was not paid off. Several times some altercation also took place between them. On 9.2.2005, the complainant’s husband did not return from his shop to his house. When his whereabout could not be ascertained, then on 10.2.2005, a report was lodged by the complainant’s Jeth about his disappearance.. Then on 14.2.2005 a report was lodged by the complainant wife that she had every suspicion that the son of her Jeth, accused Rajesh alias Raju Patel has killed her husband and disposed of his dead body. On the same day at the pointing out of the accused applicant, an axe was recovered from the room of his house as also the dead body in river Ganges in Smashan Ghat. In post mortem report 5 incised wounds were found on his dead body. 4. Against the genuineness of the case and the proposed evidence as also the involvement of the applicant, it was argued that the report was lodged only on the basis of suspicion. Not even a single witness has seen the occurrence. Only one witness is said to have seen the accused applicant carrying a gunny bag on his cycle but he could not ascertain as to what was kept inside the bag. It was also emphasized that despite several opportunities having been given to the learned A.G.A., no counter-affidavit has been filed to controvert the averments made in the affidavit filed in support of the bail application. In respect of apprehension of tampering with the evidence, it was pointed out that the applicant has no criminal history to his credit. 5. The learned A.G.A. however, opposed the bail application 6. The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered. 7. 5. The learned A.G.A. however, opposed the bail application 6. The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered. 7. In view of the entire facts and circumstances of the case, taking into consideration some of the arguments advanced on behalf of the applicant in respect of the points discussed herein above, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court. Bail granted. ———