Ravindra Singh, J. - (1.) Heard Sri Ashok Nath Tripathi and Mohd Afzel learned counsel for the applicant, and the learned A.G.A
(2.) The applicant has applied for bail in Case Crime No. 407 of 2004 under Sections 377 I.P.C. and Section 3(1)(x) of S.C./S.T. (PA.) Act P.S. Njajibabad District Bijnor.
(3.) The prosecution story in brief is that one Rahul Kumar aged about 10 years son of the first informant was enticed away by the applicant towards the river Malan His search was made by the first informant then he saw the applicant committing unnatural offence with his son Rahul Kumar in a field of wheat The applicant was apprehedec apprehended by the first informant with the help of other villagers at 3 30 P.M. on 4.4.2005 and he was beaten by the public thereafter he Was handed over to the police of P.S. Najibabad, where the F.I.R :was lodged by the first informant on 4.4,2005 at 6.30 P.M. It is contended by the counsel for the applicant that in the present case, the F.I.R. is delayed by 5 hours because the distance of the police station was only 2 Km. from the alleged place of occurrence. The prosecution has not come with clean hands because the applicant has not received injuries he was medically examined on 4.4.2005 at 10.40 P.M. at P.H.C. Najibabad, he Was brought by the police He had received 3 injuries in which injury No. 1 was multiple contusion with the traumatic swelling over whole face. injury No. 2 was lacerated wound over left side of face and injury No. 3 was red contusion over left arm: The duration of injuries were fresh and the injuries were caused by hard and blunt object;