RADHA RATHAUR Vs. STATE

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard learned Counsel for the applicant, learned A.G.A. for the State of U.P., and Sri Shashidhar Pandey, learned Counsel for the complainant.

(2.) THIS bail application has been moved by applicarit, Smt. Radha Rathaur with a prayer that she may be released on bail in Case Crime No. 566 of 2010, under sections 364, 302 and 201,1.P.C., Police Sta ­tion North (Uttar), District Firozabad.

(3.) IT is contended by learned Counsel for the applicant that only on the basis of doubt and suspicion the applicant has been named in the F.I.R. The F.I.R. is delayed by 15 days. There is no plausible explanation of delay in lodging the F.I.R. There is no eye witness account and there was no mo ­tive to commit the alleged offence. It is a case in which there is no allegation of ransom. The applicant is innocent. The dead body of the deceased has been shown re ­covered from the room of the accused Yatendra by digging the earth. The accused Yatendra was not owner of that house. The recovery has been planted, it was joint dis-closer allegedly made by the applicant and other co-accused persons. It is not admissi ­ble in the eyes of law. Smt. Kamla Devi, the mother of the first informant had filed an affidavit against the prosecution story. There is no credible evidence to show the involvement of the applicant and the appli ­cant is not having any criminal antecedent, therefore, the applicant may be released on bail.