RANGPAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G. A. for the State and perused the material on record.

(2.) By means of this application, the applicant who is involved in Case Crime No. 423 of 2012, under Sections-302, 34 and 120-B IPC is seeking enlargement on bail during the trial.

(3.) Learned counsel for the applicant submitted that the applicant is not named in the F. I. R. which was lodged by one Satyaveer Singh, son of the deceased, Badan Singh on 23.9.2012 in which it was alleged that some un-know persons had shot his father dead in the night of 22.9.2012 at about 9.00 P. M. The name of the applicant as an accused in the present case surfaced for the first time in the application moved by the informant before the Investigating Officer on 27.9.2012 in which he stated that his father had been murdered by the applicant and the co-accused Jagat Veer with the aid of other persons and the occurrence had been witnessed by Ajab Singh and Amar Sing sons of Soran Singh, Kishan Pal, son of Ram Singh and Vipin Kumar, son of Mahendra Singh. In the application it was further stated that due to fear the informant had not disclosed the names of the applicant and the other co-accused in the F. I. R. Thereafter the statements of Kishan Pal and Vipin Kumar were recorded by the Investigating Officer in which they attributed the role of causing fatal fire arm wound to the applicant. He next submitted that the explanation furnished by the informant for non-disclosure of the applicant's name as an accused in the F. I. R. is wholly unsatisfactory and the implication of the applicant as an accused in the present case after five days of the occurrence is clearly afterthought. He also submitted that the incident had taken place in the night of 22.9.2012 in which some un-known person killed the father of the informant and the applicant has falsely been implicated in the present case. He further submitted that incriminating material brought on record against the applicant is wholly untrustworthy.