Chandrapal vs State of U.P.

Kalimullah Khan, J.—Heard learned counsel for the applicant, learned A.G.A. and perused the record. The F.I.R. was lodged by the complainant against the accused-applicant with the allegation which constituted an offence punishable under Sections 436, 429, 504, 506 and 3 (1) (x), of the S.C./S.T. Act. Police Station Atarra, District Banda wherein apart from cattle shed roofed with chappar and a buffalo is also said to have received burn injuries which is supported by medical evidence on record.

Learned counsel for the applicant has argued that applicant is innocent and he has committed no offence and he has been falsely implicated in this case and the F.I.R. has been registered in pursuance of the order passed by S.P., Banda on an application dated 21.7.2012 made by the informant of the case regarding the incident dated 26.4.2012 at about 3.00 p.m.

Learned counsel for the applicant argued that applicant has been falsely implicated in this case on account of enmity and there is inordinate delay for more than 3 months and, therefore, according to him possibility of false implication of the accused applicant cannot be ruled.

Learned G.A. has opposed the bail and tried to explain the delay so caused in lodging the F.I.R. by showing that first of all application was made by the informant with the police who inquired into the matter and thereafter the F.I.R. was registered, but his aforesaid submission is belied by the fact that the application was made to S.P., Banda whereupon F.I.R. was registered speaks of itself that it was not made prior to 31.7.2012. Such inordinate delay in lodging the F.I.R. entitles the applicant to be enlarged on bail. Let the applicant Chandrapal. involved in Case Crime No. 176 of 2012 under Sections 436, 429, 504, 506, I.P.C. and 3 (1) (x), S.C./S.T. Act, Police Station Atarra, District Banda be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.