ORDER 1. These bail applications have been filed under Section 439 of Cr.P.C. in connection with FIR No.152/2022 registered at Police Station Nagar, District Bharatpur for the offences under Sections 302 & 120-B of IPC. 2. Learned counsel for the petitioner- Deepak Saini submits that the petitioner is neither named in the FIR nor any specific allegation has been levelled against him. In the Police statements of the complainant- Bijendra Singh, Harvir (nephew of the deceased) and Badleram (father of the deceased), they have made specific allegation against Smt. Deepa and her brotherRamveer. Counsel further submits that there is no eye-witness. Even in the FIR, it has not been alleged that wife of the deceased had love relations with anyone or the petitioner. Nothing incriminating has been recovered from the petitioner. At his instance, only one mobile phone was recovered and as per seizure memo, the recovered mobile phone was without a SIM card. Counsel also submits that the petitioner is behind bars since 22.04.2022 and charge-sheet has been filed. The petitioner is 20 years of age and he has no criminal antecedents. It is further submitted that Police has recorded the statement of Archana, who is 9 years old daughter of the deceased- Jitendra. In her Police statement recorded under Section 161 of Cr.P.C. dated 24.03.2022, she has not levelled any allegation against the petitioner and her statement recorded under Section 161 & 164 of Cr.P.C. dated 20.05.2022 & 25.03.2022 respectively are contradictory with her earlier Police statement which was recorded on 24.03.2022. Therefore, looking to the facts and circumstances of the case, the petitioner may kindly be released on bail. 4. Learned counsel for the petitioner- Deepa Saini submits that Archana (daughter of the deceased), in her Police statement recorded under Section 161 of Cr.P.C. on 20.05.2022 and her statement recorded under Section 164 of Cr.P.C., has not levelled any allegation against the petitioner. As per Post Mortem report of the deceased- Jitendra, cause of death is asphyxia. Therefore, looking to the facts and circumstances of the case, the petitioner may kindly be released on bail. 5. Learned Government Advocate-cum-Additional 6. Advocate General and learned counsel for the complainant have strongly opposed the bail applications. As per Post Mortem report of the deceased- Jitendra, cause of death is asphyxia. Therefore, looking to the facts and circumstances of the case, the petitioner may kindly be released on bail. 5. Learned Government Advocate-cum-Additional 6. Advocate General and learned counsel for the complainant have strongly opposed the bail applications. Learned counsel for the complainant further submits that, at the instance of the petitioner-Deepak Saini, one mobile phone was recovered and at the instance of the petitioner- Deepa Saini, one knife and laggie (pocha) were recovered and as per FSL report, human blood has been present on knife and human blood of ’AB’ group has been found on laggie and also the same blood group was found on T-Shirt & Jeans of the deceased- Jitendra. Therefore, looking to the above facts, the bail applications of the petitioner may be rejected. 7. Heard. Perused the material available on record. 8. So far as the petitioner- Deepak Saini is concerned, except one mobile phone, without a SIM card, nothing has been recovered from him. The petitioner- Deepak Saini is not named in the FIR. Therefore, considering the submissions made by learned counsel for the petitioner- Deepak Saini and looking to the above facts and the Police statements of Archana (daughter of the deceased) dated 24.03.2022, Bijendra Singh (complainant), Harvir (nephew of the deceased) and Badleram (father of the deceased) but without expressing any opinion on the merits/demerits of the case, I deem it just and proper to enlarge the petitioner- Deepak Saini on bail. 9.So far as the petitioner- Deepa Saini is concerned, she is named in the FIR and at her instance, one knife and laggie (pocha) were recovered. As per FSL report, human blood has been found on knife and human blood of ’AB’ group has been found on laggie (pocha) and the same blood group was found on the T-Shirt and Jeans of the deceased- Jitendra. 10. As per Post Mortem report of the deceased- Jitendra, cause of death is asphyxia due to compression of neck and final opinion will be given after FSL Report. Therefore, looking to the facts and circumstances of the case and the Police statements of Bijendra Singh (complainant), Harvir (nephew of the deceased) and Badleram (father of the deceased) but without expressing any opinion on the merits/demerits of the case, I deem it not proper to enlarge the petitioner- Deepa Saini on bail. Therefore, looking to the facts and circumstances of the case and the Police statements of Bijendra Singh (complainant), Harvir (nephew of the deceased) and Badleram (father of the deceased) but without expressing any opinion on the merits/demerits of the case, I deem it not proper to enlarge the petitioner- Deepa Saini on bail. 11. Accordingly, the bail application under Section 439 of Cr.P.C. filed on behalf of the petitioner- Deepa Saini is dismissed. 12. The bail application under Section 439 of Cr.P.C. filed on behalf of the petitioner- Deepak Saini is allowed and it is ordered that the petitioner- Deepak Saini son of Brijlal Saini shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.