GULAB YADAV Vs. STATE

JUDGEMENT

(1.) HEARD Sri Mithilesh Kumar Gupta, Sri Kirshan Ji Khare, learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri A.K. Chaurasia, learned Counsel for the complainant.

(2.) THIS bail application has been filed by applicant, Gulab Yadav with a prayer that he may be released on bail in case crime No. 75 of 2011, under section 302 IPC, P.S. Mohammadabad, district-Ghazipur.

(3.) IT is contended by learned Counsel for the applicant that the time of incident of the present case is highly doubtful. Accord ­ing to prosecution version, the alleged oc ­currence has taken place at about 4.00 a.m., it has not been taken place at the house of the deceased. According to prosecution version, the deceased was caught by the applicant and other co-accused persons when he had gone to attend call of nature, thereafter he was taken to the house of the applicant, where he was again beaten and he was thrown to back of his house where he succumbed to his injuries, it shows that presence of the first informant and other witnesses at the alleged place of occurrence is highly doubtful. There are material con ­tradictions and the statement of the wit ­nesses recorded under section 161 Cr.P.C. it shows that they had not seen the alleged incident. The deceased has been killed by some unknown miscreants in the night. Even according to prosecution version, there was no source of light. The distance of police station was about 1 k.m. from the alleged place of occurrence. No F.I.R. has been lodged immediately thereafter. The F.I.R. has been lodged at about 8.14 a.m. when the dead body was recovered in the morning. The applicant was having no mo ­tive or intention to commit the alleged of ­fence and there was no dispute with regard to the land between the applicant and the deceased. The deceased was having bad habits, he was having multiple criminal enmity. In the night, he was murdered by some unknown persons. In the morning, the dead body was found then the F.I.R. has been lodged, in which the applicant and other co-accused persons have been falsely implicated. The witnesses men ­tioned in the F.I.R. are belonging to the family of the deceased. There is no inde ­pendent witnesses of the locality to support the prosecution story. The applicant is not having any criminal antecedent, he is in jail since 9.4.2011, therefore, he may be re ­leased on bail.