ANOOP RATHAUR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Deven ­dra Swarup and Sri Kamal Krishna; learned Counsel for the appellant and learned A.G.A. for the State and also pe ­rused the material on record.

(2.) THE bail application on behalf of the appellant -accused Anoop Rathaur convicted for the offence under sections 302 and 201 I.P.C. in S.T. No. 90 of 2002 vide judgment dated 171.2008 passed by Sri O.P. Goel, 1st Additional Sessions Judge, Kannauj has been pressed on the ground that the case is of no evidence. The son of the complainant disappeared on 22.2.1996, but no report was lodged at the police sta ­tion. After the recovery of the dead body i.e. on 26.2.1996, the report was lodged. In that report, the accused appellant was not named and subsequently, his name figured in the statement under section 161 Cr.P.C. Entire evidence was fabricated and the case is dependent on the testimony of the child witness, which too is appearing to have been tutored.

(3.) LET the appellant Anoop Rathaur be released on bail for the offence indicated above during the pendency of the appeal on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Trial Court concerned.