VIJAY KUMAR VERMA,J. - (1.) HEARD R.C. Gupta, Advocate appearing for the applicants and AGA for the State.
(2.) PRAYER for bail in this application under Section 439 of the Code of Criminal Procedure, has been made on behalf of the applicants Ram Naresh Lodh and Kamal Lohar in Case Crime No. 27 of 2008 under Sections 394, 302, 201, 411 I.P.C. P.S. Malwan, District Fatehpur. Truck no. U.P. 70-B 9678, in which saria was loaded from Premier Alloys Limited Malwan(Fatehpur), was stolen in between 11.30 p.m. to 00.30 a.m. in the intervening night of 2/3-2-2008. An FIR regarding the theft of truck was lodged on 3.2.2008 at 8:30 a.m. at P.S. Malwan, District-Fatehpur by Sayeed Ahmad. Further case of the prosecution is that the said truck was recovered from the accused Ram Naresh Lodh and Kamal Lohar (both applicants herein) in police encounter on 3.2.2008 at about 11.30 a.m. It is also alleged that Asif son of the complainant and Munim Shiv Singh, who were setting in the truck, were murdered and their dead bodies were also recovered on the pointing out of the applicants on 3.2.2008 after recovery of truck.
(3.) THE first and foremost submission made by learned counsel for the applicants is that the incident of committing the theft of truck is said to have occurred in between 11:30 p.m. to 00.30 a.m. in the intervening night of 2/3.2.2008, whereas the said truck is shown to have been recovered from the applicants on 3.2.2008 at 11.30 a.m. which is unbelievable, because during the period of above 12 hours, the applicants could flee away with the truck to some other place.;