It is further submitted that apart from the apprehension, which has been shown by the informant in the first information report and by some of the prosecution witnesses in their statement recorded by the investigating officer under Section 161 Cr.P.C., there is no iota of evidence or material available in the case diary, which may connect the applicant with the crime. It is also submitted that the F.I.R. of the incident has been lodged on 14.10.2021 at 14.13 hours by the wife of the deceased at Police Station Bhaluani, District Deoria stating therein that on 12.10.2021 at 04:00 hours in the morning her husband Dharm Dev Yadav had left the house and on the same day Niyaz S/o Mustaqeem had called him on his mobile phone and had threatened that as he (Dharm Dev Yadav) is not paying back his money, his brother Hameed has arranged for his murder and today on 14.10.2021 at about 07:00a.m. she got an information that her husband (Dharm Dev Yadav) had been done to death and his dead body is lying in a paddy field. It is apprehended that accused Anees, Nazma, Hameed and Niyaz are involved in the murder of her husband. The postmortem report would reveal that though the deceased is shown to have sustained three injuries of the nature of abrasions and contusions, but as per the expert opinion, the death of the deceased has been caused due to asphyxia as a result of ante mortem manual strangulation.
