CHANDRA PRAKASH Vs. STATE

JUDGEMENT

(1.) HEARD Sri Dileep Kumar, Sri Rajiv Gupta, Sri Rajrshi Gupta , learned counsel for the applicant, learned A.G.A. for the State of U.P.and Sri S.N.Singh, counsel for the complainant.

(2.) THIS bail application has been moved by the applicant Chandra Prakash with a prayer that he may be released on bail in Case Crime No. 286 of 2010 under sections 302, 406 I.P.C., Police Station Badlapur, District Jaunpur.

(3.) THE applicant applied for bail before the learned Sessions Judge Jaunpur, who rejected the same on 15.6.2010. It is contended by learned counsel for the applicant that the accused Chandra Prakash has been named in FIR, on the basis of doubt and suspicion. According to the FIR, there is no eye witness account, during investigation, the statements of some witnesses have been recorded who have made allegation against the applicant. It is a case of circumstantial evidence but the chain of the circumstance is not complete. According to the investigation, the evidence of last seen has been collected and there is no evidence to show that the amount of Rs. 7.5 lakhs was given by the deceased to the accused Chandra Prakash for providing the service. According to the post mortem examination report, the deceased has died in a train accident, the statement of the witnesses recorded by the I.O.during investigation are wholly unreliable, the FIR of this case is delayed, there is no explanation of delay in lodging the FIR, there is no independent witness to support the prosecution version. The applicant has been falsely implicated due to local party-bandi. The FIR of this case is ante timed also. Nothing incriminating has been recovered from the possession of the applicant or at his pointing out. The applicant is not having any criminal antecedent, he is in jail since 30.3.2010 , he may be released on bail.