- (1.) RAVINDRA Singh, J. This application has been filed by the applicant Akhilesh Kumar alias Pinku with a prayer that he may be released on bail, in case crime No. 209 of 2007 under sections 326 I. P. C. P. S. Indergarh district Kannauj.
(2.) THE facts of the case in brief are that the F. I. R. of this case has been lodged by Sant Ram Verma on 28. 4. 2007, 8. 30 p. m. in respect or the incident which had occurred in the night of 16/17. 4. 2007 at about 12 O'clock. It is alleged that the applicant came on the roof where the first informant was laying down. He poured acid on the person of the first informant. After pouring the acid the applicant escaped from the place of occurrence. According to the medical examination report dated 28. 4. 2007, the injured Sant Ram had sustained nine injuries caused by acid throw. According to the supplementary medical examination report, all the injuries are deep burn in chemical use, on vital parts as neck, face and chest and nose. THE injuries were dangerous/grievous in nature. Heard Sri Irfanul Huda, learned Counsel for the applicant and the learned A. G. A. for the State of U. P. It is contended by the learned Counsel for the applicant that in the present case F. I. R. is delayed by 12 days. There is no plausible explanation of delay in lodging the F. I. R. The alleged occurrence took place in the night of 16/17. 4. 2007. The injured was not medically examined immediately he was medical examination on 28. 4. 2007 a delay of 12 days in medical examination shows that either injuries were simple in nature or the medical examination report has been procured by the first informant. There is no motive or intention for the applicant to commit the alleged offence. The alleged occurrence has taken place in the dark hours of night, if any such incident had occurred, it was committed by unknown person when the injured was sleeping. The witnesses mentioned in the F. I. R. are neighbours of the first informant, there is no independent witness to support the prosecution story. The applicant is innocent. He has been falsely implicated due to ill will of the first informant. Therefore, he may be released on bail.
(3.) IN reply to the above contention, it is submitted by the leaned A. G. A. that the delay in lodging the F. I. R. is on account of taking medical aid by the first informant. He had taken medical aid from Dr. Sri Krishna Tirkha. Thereafter, he was medically examined by P. H. S INdergarh on 28. 4. 2007. The injuries sustained by the injured ware grievous in nature. There is no reason of false implication of the applicant. IN case, the applicant is released on bail, He may tamper with evidence. Considering the facts and circumstances of the case and submissions made by the learned Counsel for the applicant and the learned A. G. A. and considering nature of injuries sustained by the injured, without expressing any opinion on the merits of the case, the applicant is entitled for bail. Therefore, the prayer for bail is refused. Accordingly, this application is rejected. Application Rejected. .;