Amar Saran, J. - (1.) HEARD learned Counsel for the applicant and learned Additional Government Advocate.
(2.) THE applicant is seeking bail in case crime No. 20 of 2009, under sections 315, 506 IPC, police station Majhola, district Moradabad. The allegations in the FIR were that there were illicit relations between the applicant Karun and the informant Shafi Ahmad's daughter Momina. On 26.12.2008 the applicant deceptively called Momina to his house and gave her an injection because of which a child was immediately born and then Karun strangulated the baby and threw the dead body near a pond. On 27.12.2008 the dead body was recovered, which was identified to be Momina's child. The post-mortem report showed that the cause of death was asphyxia as a result of ant-mortem throttling and there was a contusion 8 cm x 2 cm in front of both sides of neck. On dissection a blood clot was present under neck skin.
(3.) THE sheet anchor of the applicant's contention was that the information of the dead body was given on 26.12.2008 at 2.20 PM on the basis of which the inquest was conducted at 5 PM in which the informant himself was present. Whereas according to the FIR and statement of the witnesses the incident took place at 7.00 PM on 26.12.2008 and, therefore, the inquest which was conducted did not relate to the child at all, but to some other child, who was found strangulated under similar conditions. We are not at all impressed by this argument of the learned Counsel for the applicant. The complainant and others are illiterate persons, who may be confused about the date and time when the incident took place. It is also apparent from the fact that the FIR mentioned that the child was recovered on 26.12.2008, whereas the in quest was also conducted on 26.12.2008 and the documents and the evidence show that the incident took place one day earlier.;