MOHD. TAHIR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Satish Trivedi, learned Senior Advocate, assisted by Sri Bharat Singh and Sri K.D.Tiwari, learned counsel for the applicant, learned A.G.A.for the State of U.P.and Sri Dilip Kumar, Sri Rajiv Gupta, Sri Rajrshi Gupta and Sri Anil Kumar Singh learned counsel for the complainant.

(2.) THIS bail application has been moved by the applicant Mohd. Tahir with a prayer that he may be released on bail in case crime No. 146 of 2009 under section 302 I.P.C., P.S. Nagphani, District Moradabad.

(3.) IT is contended by learned counsel for the applicant that FIR of this case is too much delayed. It is surprising that the deceased was taken from his house by the applicant and others in the night of 22.3.2009, but report has been lodged after the deceased was murdered by the applicant, there was no reason for the applicant to bring the dead body of the deceased to the house of the first informant. It appears that story of taking away from the house and after committing the murder bring it to the house of informant is absolutely false and concocted because the deceased had not gone from his house, the deceased had died at his house but to conceal the real fact, the FIR has not been promptly lodged, it has been lodged on 6.4.2009. According to the post mortem examination report, the deceased had sustained only one abraded contusion, having dimension of 2 cm x 6 cm on the left side of nose, the cause of the death could not be ascertained, hence viscera was preserved, it does not show that by exercising power, the poison was administered to the deceased, according to the viscera report, the death was by intake of poisonous insecticide. The first informant herself gave an applicant in writing to police station Nagphani, then G.D.entry was made on 23.3.2009 as G.D. Entry No. 26 at 15.10, mentioning therein that her husband died all of a sudden on 23.3.2009. On that information, the inquest report was prepared. The applicant had lodged the FIR on 23.3.2009 at 5.20 p.m. in respect of the incident which had occurred on 23.3.2009 at 8.00 a.m. against Mohd. Hashim, Firasat son of Liyakat and 3 others, in case crime no. 107 of 2009 under section 395, 397 I.P.C., during investigation, the manner of occurrence of the present case has also been changed. The applicant is innocent, he has not committed the alleged offence he has been falsely implicated only on account of rivalry the applicant is not having any criminal antecedent, he may be released on bail. He is in jail since 2.7.2009.