SULTAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Vipin Chandra Pandey, learned counsel for the informant and perused the material on record.

(2.) By means of this application, the applicant who is involved in Case Crime No. 704 of 2015, under Section 302 I.P.C., P.S.- Hari Parvat, District- Agra, is seeking enlargement on bail during the trial.

(3.) It is submitted by learned counsel for the applicant that the incident in which it is alleged that the applicant and co-accused Karan had enticed away the informant's son, Rahul from his house, had taken place on 10.05.2015. The F.I.R. of the incident was lodged on 20.07.2015 pursuant to an order passed on the application filed by the applicant before the concerned Magistrate u/s 156 (3) Cr.P.C. on 02.07.2015. The dead body of the deceased was recovered on the same day on which the applicant and the co-accused had taken away the deceased from his house. The postmortem report of the deceased does not indicate any injury. The cause of death could not be ascertained and hence, the viscera of the deceased was preserved and the viscera report indicates presence of poison. It is next submitted that there is no direct evidence on record against the applicant and the circumstantial evidence does not unequivocally points towards the guilt of the applicant. It is next submitted that the inordinate delay on the part of the informant in moving the application u/s 156 (3) Cr.P.C. is in itself indicative of the fact that the allegations made therein were afterthought, concocted and false. No incriminating article has been recovered either from the applicant or on his pointing out. It is further submitted that the applicant who has no criminal antecedents to his credit and is in jail since 22.05.2016, is entitled to be enlarged on bail.