KING @ MAHENDRA PAL Vs. STATE OF U P

JUDGEMENT

(1.) This is the second bail application on behalf of the accused- applicant King involved in Case crime no. 167 of 2011, under Sections 147, 148, 149, 302 IPC, P.S. Nawabganj, District- Bareilly. The first bail application of the applicant was rejected by my order dated 3.8.2012.

(2.) Heard Sri V.C. Mishra, Senior Advocate assisted by Sri Vivek Mishra, learned counsel for the applicant, learned AGA for the State and Sri Pradeep Kumar Shukla, learned counsel for the complainant.

(3.) Sri Mishra, learned counsel for the applicant submitted that there is a delay in lodging the FIR, which has not been properly explained. The incident took place on 5.2.2011 at about 6.45 p.m. whereas the FIR was lodged on the same day at 10.35 p.m. and no proper explanation for the delay has been furnished. No source of light has been mentioned in the FIR. The FIR does not reveal that the deceased was with the complainant. No local witnesses have been examined by the police. The co-accused Deena Nath has been granted bail by Hon'ble Arvind Kumar Tripathi, J vide order dated 6.7.2011 in Criminal Misc. Bail Application No. 17157 of 2011. It was further submitted that applicant is a student.