FARID Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri. Javed Habib, learned Counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.

(2.) THIS bail application has been moved by the applicant Farid with a prayer that he may be released on bail in Case Crime No. 378 of 2007 under Sections 364, 302 and 201, I.P.C., P.S. Sahawar, district Etah.

(3.) IT is contended by learned Counsel for the applicant that the F.I.R. of this case is too much delayed whereas the distance of the police station concerned was of two Furlongs. The prosecution story is not reliable at all because it is alleged that the deceased was seen in the company of the applicant and other co -accused persons by witness Maula, the brother -in -law of the first informant and witness Shakeel, the brother of the first informant, even then they did not make any effort to rescue the life of the deceased who was a child aged about 5 years and there was no reason of his accompanying with the applicant and other co -accused persons, thereafter the F.I.R. was lodged under Section 364, I.P.C. against the applicant and other co -accused persons to show that the F.I.R. was lodged before the recovery of the dead body in fact it was lodged after the recovery of the dead body, the alleged recovery is not supported by any independent witness. Recovery memo was prepared on 3.9.2007 at 10.15 p.m., the F.I.R. is ante -timed. The proceedings of the inquest were initiated on 3.9.2007 at 11.30 p.m., the same were completed on 4.9.2007 at 7.30 a.m. The prosecution story is false, concocted and highly improbable, the naming of the applicant is afterthought, there is no motive or intention to commit the alleged offence. The co -accused Mujib who is named in the F.I.R. has been released on bail by the another Bench of this Court on 30.7.2008 in Crl. Misc. Bail Application No. 513 of 2008 and co -accused Rahees has been released on bail by this Court on 18.1.2008 in Crl. Misc. Bail Application No. 2374 of 2008, therefore, the applicant may also be released on bail. The applicant is not having any criminal antecedent. He is in jail since 3.9.2007.