LAWS(ALL)-2006-5-287

IRSHAD SAREEF KURAISHI Vs. STATE OF U P

Decided On May 04, 2006
IRSHAD, SAREEF KURAISHI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This application is filed by the applicant Irshad with a prayer that he may be released on bail in case crime No. 114 of 2003 (S.T. No. 85 of 2004 - State of U.P. v. K. Sen and Ors. under Sections 376, 302 and 210 I.P.C. P.S. Ami Nagar Sarai district Baghpat.

(2.) According to the prosecution version, the alleged occurrence had taken place on 15.8.2003 at about unknown time in the jungle of adjoining town Ami Nagar. Its F.I.R. was lodged by Jang Bahadur, father of the deceased on 16.8.2003 at 3.30 p.m. the distance of the police station was about half k.m. from the alleged place of occurrence. According to the F.I.R. the deceased Km. Arti was a student of class VI. She had gone from her house at about 6 a.m. on 15th August, 2003 to attend the flag hoisting ceremony in her college. After attending that function she left the college at about 10.15 a.m. but she did not reach to her house. Thereafter search was made by the first informant and information of her missing was given to the police station concerned on 16.8.2003 at about 1.30 p.m. The dead body of the deceased was recovered from the sugar cane filed. The dead body was having wounds and it was appearing that she was raped thereafter she was brutally murdered. Near the dead body, the shocks, and other articles including umbrella of the deceased were recovered.

(3.) Heard Sri Satyendra Narain Singh learned Counsel for the applicant and the learned A.G.A.