- (1.) Heard Sri Narendra Kumar Sharma, learned counsel for applicant- Raju Nai @ Raj Kishore, learned A.G.A. for the State and perused the record.
(2.) Applicant seeks bail in Case Crime no. 870 of 2015, u/s 379, 304 IPC, P.S. Konch, District Jalaun at Orai.
(3.) It is submitted that in respect of an occurrence dated 16.7.2015, an FIR came to be lodged on 14.8.2015, in which one Ismail is alleged to have received injuries on 16.7.2015, was taken to the hospital on 24.7.2015 and injury report prepared on the same date, who later died on 14.8.2015. It is thus contended that there is inexplicable delay of almost a month in lodging of the FIR, which gives a dent to the case of the prosecution, as there was no eye-witness to the occurrence. It is further submitted that it was a case of accidental fall, which has been converted to Section 304 IPC on mere suspicion. It is finally submitted that the applicant has no previous criminal history, is in jail since 18.8.2015 and the trial is not likely to be concluded in the near future, he be enlarged on bail.;