Manik Raj vs State of U.P.

Vishnu Sahai, J.—Heard Counsel for the parties.

The incident is alleged to have taken on 962001 at 11.30 p.m. and the F.I.R. was lodged the next morning on 8.00 a.m.; the police station being situated three kilometres from the place of the incident. The learned Counsel for the applicant urged that apart from the delay in lodging the F.I.R., the averment in the F.I.R. is that applicant Manik Raj and coaccused Ram Bodh jointly assaulted the deceased with knife. He contended that since the postmortem report shows that the deceased suffered a solitary incised wound during investigation the case was modulated in terms that Ram Bodh caught hold of the deceased and the applicant assaulted him with a knife.

Without expressing any opinion on the latter submission canvassed by the applicant''s Counsel, bearing in mind the over all circumstances, including the circumstance that the applicant is in Jail from 2072001, I direct that applicant Manik Raj be enlarged on bail in Case Crime No. 185 of 2001 under Section 302 I.P.C. of Police Station Kadipur, District Sultanpur, on his furnishing a personal bond of Rs. 5,000/ and two sureties of the like amount to the satisfaction of the C.J.M., Sultanpur.