HEMANT YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) Applicant- Hemant Yadav seeks bail in Case Crime No. S.T. No.551 of 2014 arising out of Case Crime No.267 of 2014, under Sections 302 I.P.C, Police Station Sigra, District Varanasi.

(3.) Learned counsel for the applicant has submitted that the applicant is not named in the F.I.R., which was lodged by the brother-in-law of the deceased who had gone to the police station after the occurrence accompanied with one Manoj Kumar who is an eye witness of the incident and was also present with the deceased at the time of accident. The name of the applicant surfaced for the first time in the statement of Manoj Kumar recorded under Section 161 Cr.P.C. who although was admittedly present at Police Station on the lodging of F.I.R. but had not disclosed the name of the accused/applicant, otherwise the first informant would have certainly named the applicant as an accused in the present case.