SARIK AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Mukhtar Alam and Sri Santosh Kumar Tripathi, learned counsel for the applicant and the learned A.G.A. for the State of U.P.

(2.) This is second bail application moved on behalf of the applicant Sarik Ahmad, the criminal misc. first bail application no. 31905 of 2010 has been rejected by this court as not pressed.

(3.) It is contended by the learned counsel for the applicant that the FIR of this case has been lodged on 15.7.2010 and thereafter. The applicant and the co-accused Sufiyan and Kamil are named in the FIR, the allegations against the applicant and other co-accused persons are that the deceased Shahrukh aged about 13 years had gone in the company of the applicant and other co-accused on 13.7.2010 at about 11 a.m. to take a bath in Dasna canal. The deceased was asked by the applicant to take a jump from the bridge in the canal, as soon as he fell into the water, he was overpowered by the applicant and two other co-accused persons and due to drowning he could not come over the water, even his dead body could not be recovered. The two other co-accused persons have been released on bail. During the investigation the dead body of the deceased could not be recovered and at the pointing out of the applicant and other two co-accused persons the pant, T-shirt and chappals of the deceased have been recovered on 23.7.2010. The applicant was having no motive to commit the murder of the deceased. The statements of P.W.1,2 and 3 have been recorded. There is no other evidence against the applicant. The applicant is in jail since 27.7.2010. The applicant is not having any criminal antecedents; therefore, he may be released on bail.