SANJAY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This appli cation has been filed by the applicant San-jay Singh with a prayer that he may be re leased on bail in Case Crime No. 358 of 2007 under sections 302, 120-B IPC, P. S. Kakadeo, District Kanpur Nagar.

(2.) THE facts in brief of this case are that the FIR of this case has been lodged by Mohan Tiwari on 2. 11. 2006 at 7. 35 a. m. in respect of the incident which had occurred on 2. 11. 2007 at about 6. 00 a. m. , the distance of the police station was about one and half km. from the alleged place of occurrence. THE applicant/co-accused Vinay Singh and Bhim Singh are named in FIR and one mis creant was unknown.

(3.) IT is contended by learned Counsel for the applicant that the alleged occur rence has not taken place as alleged by the prosecution. The presence of the first of the first informant at the alleged place of oc currence is highly doubtful. The FIR of this case is anti timed. The first informant has not sustained any injury in the said inci dent even nobody has made any attempt to cause injury on his person. According to the prosecution version the time of the al leged incident is about 6. 00 a. m. but ac cording to the post-mortem examination report the betray food was present in the stomach of the deceased, pasty material and gases were found in his small intestine, faecal matter and gases were also found in large intestine. The presence of the pasty matter in small intestine shows that the alleged occurrence has not taken place at about 6. 00 a. m. and no blackening and tat tooing was found on the wound of entry which belies the prosecution story of catching hold thereafter causing the injury. The FIR was not in existence at the time of preparation of the inquest report because in inquest report the description of the enclo sures have been given, No. 2 and 3 are en closures of nakal chik and nakal rapat but the numbers of papers have not been mentioned whereas the number of the papers of other enclosures have been dearly men tioned therein. IT shows that neither the chick nor the nakal rapat was in existence at the time of preparation of the inquest report which was allegedly prepared on 2. 11. 2007 since 7. 50 a. m. to 8. 40 a. m. The applicant was having no motive or inten tion to commit the alleged offence. The applicant is a man of peace loving person he has been falsely implicated only on the basis of doubt and suspicion.