JUDGMENT : 1. Counter affidavit filed on behalf of informant is taken on record. Learned counsel appearing on behalf of applicant submits that she does not want to file rejoinder affidavit. 2. Heard Mrs. Sadhna Upadhya, learned counsel for the applicant, Mr. Virendra Kumar Maurya, learned A.G.A. representing the State of U.P. as well as Shri Varun Kumar Srivastava, learned counsel appearing on behalf of the informant and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 231 of 2019, under Sections 396, 412 I.P.C., Police Station-Pinahat, District-Agra during the pendency of trial. 4. As per the prosecution case in brief, informant Virendra Gupta lodged F.I.R. on 24.11.2019 at 20:30 O'clock against unknown persons for the offence under Section 302, 394 I.P.C. alleging inter-alia that around 6:13 pm when he returned home after closing his shop, he found the main gate of his house latched from inside. Thereafter, he started banging the door and called his wife. After repeated attempts of calling his wife out when he did not get any response from inside, he took the assistance of his neighbour Champa's son, who climbed the wall of the house and opened the main gate from inside. When they entered the house, informant's eyes landed in the kitchen, where he found his wife lying in a pool of blood with her hand tight with the plastic rope. Her legs were tight with a cartoon packing tape. She has a piece of cloth stuffed in her mouth and had injury marks on her head and neck. On hearing his noise, his neighbour Pappu Sharma, Sunil Gupta, Hariom Gupta, Raghvendra Chauhan and some other also reached at the spot. All the household articles in the rooms were scattered here and there and almirahs were opened. In addition, amount of Rs. 4 lacs and 10 thousand cash, gold and silver ornaments approximately 35 tola, silver approximately 1 k.g. and earrings of his wife Veervati (deceased) were also missing. 5. It is argued by learned counsel for the applicant that applicant is not named in the F.I.R. and has been falsely implicated by the police due to local party bandi. It is next submitted that applicant is a lineman and was working in Electricity Department on contract. Police has shown a false recovery of Rs. 5. It is argued by learned counsel for the applicant that applicant is not named in the F.I.R. and has been falsely implicated by the police due to local party bandi. It is next submitted that applicant is a lineman and was working in Electricity Department on contract. Police has shown a false recovery of Rs. 1,43,500/-from his pant and further in order to implicate him in the present case shown a false recovery of stone in question on his pointing out from an open place. As per the prosecution case the applicant has been made an accused on the basis of statement dated 25.11.2019 under Section 161 Cr.P.C. of the informant, wherein repeating the F.I.R. version he has added that when he and other family members asked his daughter Julie about the incident she was crying and continuously shouting 'Khuni-Khuni' and also indicated that accused had hit her mother by stone (sil). It is also stated that she was also having a pouch of kurkure, regarding which she told that said pouch of kurkure was given to her by Khuni. On asking specific question to him by the police that who is Khuni, the informant replied that he resides in front of his house and his name is Ram Naresh s/o Surendra Chandra Sharma. It is stated that after the incident other neighbours came to his house to console him, but he did not come. It was also informed by the informant that after the incident applicant absconded somewhere else. Much emphasis has been given by the learned counsel for the applicant that the applicant in paragraph no. 27 of the bail application has stated that "Julie, daughter of the informant and deceased is mentally disabled and she is even unable to talk properly. When she saw her mother in a pool of blood, she screamed as 'Khuni-Khuni' which means that some person has murdered her mother. Since the applicant is known as 'Ram Naresh @ Khuni', so merely on his nick name he has been made scapegoat in the present case". Investigating Officer has not recorded the statement of Julie. It is also submitted that applicant runs DJ/music system on rent and on many occasions police personnel use his DJ/music system without any payment. On asking for money, he has been falsely implicated in this case. Investigating Officer has not recorded the statement of Julie. It is also submitted that applicant runs DJ/music system on rent and on many occasions police personnel use his DJ/music system without any payment. On asking for money, he has been falsely implicated in this case. It is also pointed out that co-accused Vasudev and Indrapal @ Chhinga have been granted bail by the co-ordinate Bench of this Court vide order dated 26.02.2020 and 23.06.2021 in Criminal Misc. Bail Application Nos. 8693 of 2020 and 47237 of 2020. Lastly it is submitted that applicant has no criminal history. Charge Sheet dated 17.02.2020 under Section 396/412 I.P.C. has been submitted against the applicant. The applicant is languishing in jail since 04.12.2019 and in case he is enlarged on bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. as well as Shri Varun Kumar Srivastava, learned counsel appearing on behalf of informant have opposed the bail by contending that Julie, daughter of the informant is aged about 15 years who is the eye witness of the incident. Informant, Smt. Neema Gupta and Radha Gupta (who are elder sisters of Julie) in their statement have stated that Julie is mentally retarded and on asking about the incident she by indication told name of applicant screaming Khuni-Khuni and also indicated about tying the hands and legs of the deceased and causing injury on her head by stone (sil). It is also submitted that after the said incident applicant has left his house and whereabouts was not known. On 05.12.2019, applicant was arrested by the police and an amount of Rs. 1,43,500/-was recovered from his possession. Thereafter, his statement was recorded in which he has confessed his involvement in the occurrence in question and also disclosed name of co-accused Bhagwan as well as the modus oprendi adopted by the accused persons in committing said offence. On 05.12.2019, applicant was arrested by the police and an amount of Rs. 1,43,500/-was recovered from his possession. Thereafter, his statement was recorded in which he has confessed his involvement in the occurrence in question and also disclosed name of co-accused Bhagwan as well as the modus oprendi adopted by the accused persons in committing said offence. The extract of statement of applicant is relevant to quote here : ^^c;ku-------------------------- jkeujs'k mQZ [kwuh iq= lqjs'k flag 'kekZ fuoklh ekSŒ ekj dLck o Fkkuk fiukgV vkxjk mez djhc 35 o”kZ us iwNus ij tqeZ dk bdcky djrs gq, c;ku fd;k fd eS ykbueSu dk dke djrk gwW eSa viuh Mhts dh nqdku [kksyuk pkgrk gwW blfy, eq>s iSlks dh t:jr Fkh esjk fctyh ?kj ij vkuk tkuk gS ,d fnu fctyh ?kj ij Jh Hkxoku iq= fo|kjke fu"kkn fuoklh xzke iYVqvkiqjk Fkkuk fuokSgjk vkxjk feyk vkSj mlus eq>ls dgk fd rsjs eqgYys ds chjsUnz xqIrk tks diM+s dh nqdku djrk gS ok fxjoh dk Hkh dke djrk gS ds ikl fxjoh dk eksVk eky gS vxj ;s eky gkFk yx tk, rks vPNk eky feysxk eS mldh ckrksa esa ykyp esa vk x;k Fkk eq>s ekywe Fkk fd chjsUnz xqIrk viuh nqdku ij cSBrs gS o 'kke dks dkQh nsjh ls nqdku can dj ?kj okil vkrs gS rFkk ?kj ij chjsUnz xqIrk dh iRuh viuh 15 o"kZ dh eancqf) iq=h twyh ds lkFk ?kj ij vdsyh jgrh gS vkSj 'kke dks jkstkuk nw/k ysus iafM+r th ds ;gkW tkrh gS ?kVUkk ls ikWp fnu igys eS JhHkxoku o mlds nks lkfFk;ksa] ge lcus feydj ugj ds ikl feydj ;kstuk cuk;h FkhA ?kVuk okys fnu chjsUnz xqIrk ds ihNs okys xsV ij ,d eSDl xkM+h [kMh FkhA ftlesa ls lSVfjxa dk lkeku mrj jgk Fkk ;g lc yksx chjsUnz xqIrk dh iRuh dk nw/k ysus dks tkus dk bratkj dj jgs Fks tSls gh mudh iRuh nw/k ysus x;h ge yksx eSDl xkM+h ij pढ+dj vanj ?kj esa dwn x;s ?kj ds vkaxu dk njoktk [kqyk Fkk ge yksx ?kj es ?kql x;s geus vyekfj;ksa dks ns[kk rks mue rkyk yxk Fkk vkSj pkfc;k fey ugh jgh Fkh FkksM+h gh nsj esa ykyk dh iRuh nw/k ysdj okil vk x;h vkSj mUgksus ihNs ds xsV dk vanj ls rkyk yxk fn;k vkSj ?kj esa vk x;h Jh Hkxoku us muds xys pkdw pढ+k fn;k vkSj muls pkfc;k ekax yh mlds ckn ykyk dh iRuh 'kksj epkus yxh o gkFk iSj ekjus yxh eq>s Hkh mUgksus us ns[k dj igpku fy;k Fkk Jh Hkxoku ds nksLr us ?kj es j[ks ,d iRFkj ls muds flj es tksj ls nks ckj pksV dh Fkh ge lcus feydj muds gkFk jLlh ls cka/k fn;s rFkk iSjks dks dkVwZu Vsi ls ck/k fn;k Fkk RkFkk muds xys es nks diMs+ BwWLk fn;s Fks jLlh dks Jh Hkxoku 'kVZ ds uhps dej ij ck/k dj yk;k Fkk rFkk Vsi Jh Hkxoku dk nksLRk yky jax ds cSx esa j[kj yk;k FkkA vyekjh es j[ks lksus pkanh ds tsojkr o pkj yk[k :i;s ge yksx lkFk yk;s yky cSx esa j[kdj ys x;s FksA tc ykyk dh iRuh ?kj esa ?kqlh Fkh rks muds lkFk mudh yM+dh twyh Hkh vk x;h Fkh ;g iwjh ?kVuk twyh ds lkeus gh gqbZ Fkh D;ksfd eq>s irk Fkk fd twyh Hkh vk x;h Fkh ;g iwjh ?kVuk twyh ds lkeus gh gqbZ Fkh D;ksfd eq>s irk Fkk fd twyh encqf) gS vkSj fdlh dks dqN crk ugh ik;sxhA blfy, tkrs le; es bldks ,d dqjdqjs dk ikmp nsdj vkxs okys xsV ds ckgj fudkyj vUnj ls dqUnh yxkdj x;k Fkk ge yksx ?kVuk ds ckn ihNs okys xVs dh nhoky dwndj x;s Fks ml le; va/ksjk gks x;k Fkk vkSj eSDl Hkh pyh x;h FkhA tYnh tYnh es Jh Hkxoku ds lkFk vk;s mlds nksLr dh uhys jx dh dh pIiys NwV x;h FkhA ?kVuk ds ckn ge lc yksx V;wcsy dkyksuh ds [k.Mj es ,df=r gq, Fks vkSj ftl iRFkj ls ykyk dh iRuh ds flj es pksV ekjh Fkh mls vius lkFk ykdj ogh fNik fn;k Fkk rFkk lkeku [kksydj Hkh ns[kk Fkk pksjh fd;s eky esa pkj yk[k :i;s udn o lksus pkanh ds tsojkr Fks tsojkr dks Jh Hkxoku vius o vius nksLrks ds lkFk ys x;k vkSj cksyk fd tc ekeyk 'kkUr gks tk,xk rc dgh nwljs ftys es cspdj iSls cjkcj cjkcj ckV ysaxs uxn feys 04 yk[k :i;s es ls 150000 :Ik;s eq>s rHkh ns fn;s Fks mlds ckn es ?kqekr gqvk xksjo Vw.Myk okys dh nqdku ij vk;k Fkk vkSj eSus tkucw>dj mlls ;s dgk Fkk fd eS vkxjk ls vk jgk gwW ftlesa eq>ij fdlh dks 'kd uk gksA ysfdu vxys fnu lqcg eq>s irk pyk fd ykyk dh yM+dh twyh esjk uke ysdj vius ?kjokyks ds lkeus fpYyk jgh gS vkSj iRFkj ls flj es ekjus dk b'kkjk dj jgh gS eS ?kcjk x;k vkSj Hkkx x;k Fkk b/kj m/kj fNidj jg jgk Fkk vkt eS fQjkstkckn tkus ds fy, fudyk Fkk fd vki us idM+ fy;kA^^ 7. It is next submitted that in follow up action the police raided the house of co-accused Bhagwan, but he was also absconding. During the investigation complicity of other accused persons came into light. Therefore, on 05.11.2019 investigating officer converted the case into Section 396/412 I.P.C. It is further submitted that thereafter other accused persons, namely, Indrapal, V.P. @ Virendra, Vasudev and Bhagwan were arrested on 08.12.2019, 08.12.2019, 19.12.2019 and 09.01.2020 respectively and two co-accused persons, namely, Mania @ Mani Ram and Updesh surrendered on 05.12.2019 and 19.12.2019 respectively and from their possession also ornaments etc. have been recovered. Lastly it is submitted that applicant is the main person who has disclosed the name of co-accused Bhagwan and manner of the incident. Under the circumstances, there is no reason to falsely implicate the applicant. It is also submitted that case of applicant stands on different footing from other co-accused persons, therefore, he is not entitled to take benefit of parity of bail order of co-accused Vasudev and Indrapal @ Chhinga. It is also pointed out that the accused persons of this case are man of criminal nature and also involved in several criminal cases, therefore, the informant is under the constant threat of his life. It is submitted that on 28.07.2020 informant sent an application to S.S.P., Agra for providing security to him. Copy of said application has been annexed as Annexure No. CA-1 to the counter affidavit. On the strength of aforesaid facts lastly it is submitted that applicant is neighbour of the deceased and he has put the relation of neighbourship to shame. The bail application of the applicant is liable to be rejected. 8. After having heard the argument of learned counsel for the parties and perusing the case diary of this case produced by learned A.G.A., I find that since Julie is eye witness of the incident and she is mentally retarded and is unable to speak properly, therefore, the way she has indicated the involvement of applicant cannot be said to be unnatural. She has told in her own way about the incident to her father and elder sisters who reached there on getting the information of the incident. She has told in her own way about the incident to her father and elder sisters who reached there on getting the information of the incident. From the record I also find that it is the applicant who after his arrest disclosed the entire facts relating to said incident and thereafter investigating officer in follow up action was able to elicit the truth about the incident. There is no material on record to presume that applicant has been falsely implicated without any basis or iota of evidence. So far as bail granted to other two co-accused, namely, Vasudev and Indrapal @ Chhinga are concerned, I find that case of Vasudev is entirely different, he has been charge sheeted only under Section 412 I.P.C. because he is father of co-accused V.P. @ Virendra and from his possession some of looted ornaments were recovered and it has come on record that his son/co-accused V.P. @ Virendra had deposited amount of Rs. 50,000/-in his account out of looted amount, but parity of his bail order dated 26.02.2020 has also been considered in granting bail to co-accused Indrapal @ Chhinga observing that case of Indrapal @ Chhinga is on similar footing to that of co-accused V.P. @ Vasudev and he has criminal history of only one case. While case diary shows that Indrapal @ Chhinga has criminal history of four cases being case crime No. 1/2019 u/s 380 IPC, 2/2019 u/s 380,457 IPC, 23/2019 u/s 380 IPC,104/2018 u/s 379 IPC registered at police station Pinahat district Agra. Considering the role played by the applicant, no case for parity of bail of co-accused Vasudev and Indrapal @ Chhinga has been made out to grant bail to the applicant. It is case of brutal murder and the chain of linked evidences is not missing. Considering the submission of learned counsel for the parties, facts and circumstances of the case, nature and gravity of offence as well as severity of punishment, I do not find any good ground to enlarge the applicant on bail at this stage. 9. Accordingly, bail application of the applicant is rejected. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. 9. Accordingly, bail application of the applicant is rejected. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.