BANTI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Vivekanand Rai, learned Counsel for the applicant and the learned A.G.A. For the State of U.P. This application has been filed by the applicant Banti with a prayer that he may be released on bail in case crime No. 30 of 2007 under sections 326 I.P.C. P.S. High way district Mathura.

(2.) IT is contended by the learned Counsel for the applicant that in the pres ent case the F.I.R. is delayed by 23 days, it has been lodged on 28.1.2007 at 2.30 p.m. in respect of the incident which had occurred on 5.1.2007 at 8.00 p.m. there is no satisfac tory explanation of delay in lodging the F.I.R., the naming of the applicant is after thought, it is also surprising that the al leged injured Reshma was medically exam ined on 28.1.2007 at 4.15 p.m. there is too much delay in her medical examination, the medical examination shows that all the four injuries were septic wounds, which shows that the name of the applicant is af ter thought and the alleged occurrence has not taken place as alleged by the prosecu tion, it has taken place in some other man ner in the dark hours of night.

(3.) CONSIDERING the submission made by the learned Counsel for the applicant and the learned A.G.A. and from the pe rusal of the record, it appears that pouring acid on the person of the injured is against the applicant, the gravity of the offence is too much and without expressing any opinion on the merits of the case, the appli cant is not entitled for bail, therefore, the prayer for bail is refused.