PAPPU Vs. STATE OF U.P.

JUDGEMENT

(1.) PRAYER for bail in this application under section 439, Cr.P.C. has been made on behalf of the applicant Pappu, son of Jamuna Singh, in Case Crime No. 868 of 2008, under sections 302 and 201, IPC, P.S. Sahswan, district Budaun.

(2.) AN FIR was lodged by Meelal/son of Ram lal, at P.S. Kotwali Sahaswan, district Budaun, where a case under sec­tions 302 and 201, IPC was registered against 1. Hardan, 2. Pappu (applicant herein), 3. Harpal and 4. Ram Das. The al­legations made in the FIR, in brief, are that Ved Ram, younger brother of the com­plainant Meelal had gone to graze the cattle on 26.8.2008 at about 10.00 A.M. in jungle. At about 6.30 P.M., Rajendra, son of Ram Das and Veerpal, son of Siyaram came to village and told the complainant that at about 4.00 P.M., Hardan and Pappu, both sons of Jamuna Singh, Harpal, son of Pimmi and Ram Das, son of Rameshwar came in the jungle having country made pistols in their hands and fired on Ved Ram and when he fell down on the earth, they carried him towards Sota (Nala). On get­ting this information, search of Ved Ram was made by the complainant and other persons, but due to darkness, he could not be traced out in the night and when on 27.8.2008, search was being made by the complainant and other village people, the dead body of Ved Ram was found lying in bushes near the Nala in the jungle of village Vairpur Manpur. Some parts of the dead body were eaten by wild animals. Leaving the dead body on the place of incident, the complainant went to the police station and lodge the FIR.

(3.) THE first and foremost submission made by learned Counsel for the applicant was that although information about caus­ing injuries to the deceased by the accused persons had been given to the complainant on 26.8.2008 at about 6.30 P.M., but no FIR was lodged on that day and after recovery of the dead body, FIR was lodged on 27.8.2008 at 4.00 P.M., and since no satisfac­tory explanation has been furnished by the prosecution about delay in lodging the FIR, hence the case of the prosecution becomes doubtful and the applicant is entitled to be released on bail on this ground.