- (1.)RAVINDRA Singh, J. The applicants Saeed Khan and Iid Khan have moved Crl. Misc. Bail Appl. No. 22859 of 2006, applicant Jabir Khan son of Dalsher Khan has moved Crl. Misc. Bail Appl. No. 22858 of 2006, applicant Babu Khan has moved Crl. Misc. Bail App. No. 16472 of 2006 and the applicant Abrar Khan has moved Crl. Misc. Bail Appl. No. 18523 of 2006 with a prayer that they may be released on bail in case Crime No. 346 of 2006, under Sections 147, 148, 149, 364, 302 and 201, I. P. C. , P. S. Jahanabad, District Pilibhit. All the applicants are accused in same Case Crime No. 346 of 2006, therefore all the abovementioned bail applications are being disposed of by a common order.
(2.)THE prosecution story, in brief, is that the F. I. R. of this case has been lodged by Mohd. Sher Khan on 14-4-2006 at 0. 10 a. m. in respect of the incident which had occurred in the night of 12-4-2006 at about 12. O'clock, the distance of the Police Station was about 6 kms. from the alleged place of the occurrence. THE applicants and co-accused Iqbal Khan are named in the F. I. R was lodged under Sections 147, 148, 149 and 364, IPC but subsequently the dead body of the deceased was recovered. THEreafter Sections 302 and 201, I. P. C. were also added. It is alleged that the deceased Ali Shor Khan alongwith his son Saleem Khan had gone to his Sasural at the house of one Hasan Khan for the purpose of sleeping in the night of 12-4-2006. Due to fear of the accused Iqbal Khan an others, the applicants and co-accused Iqbal Khan came at the house where the deceased was sleeping and the door of the house was pushed. All the accused persons having guns in their hands entered into the house and enquired about the deceased Ali Shor Khan. THE deceased Ali Shor Khan was caught hold by them and the applicant Jabir Khan put the barrel of his gun at the deceased and asked not make shrieks other wise he would be done to death. THEreafter he was taken away by the applicants and other co-accused. It was asked by co- accused Iqbal Khan that the deceased would be done to death outside the village because he has not casted the vote in his favour and he was also accused in case of the kidnapping of Shamim, the daughter of Shaukat Khan. THEreafter the dead body was recovered from the grove of one Vinod Kumar on 14-4- 2006, its information was given to the Police Station on 14-4-2006 at 10. 00 a. m. , on the same day, the inquest report was prepared and the offence was converted under Sections 302 and 201, I. P. C. also. According to the post-mortem examination report, the deceased had received six ante-mortem injuries, all injuries were caused by hard and blunt object.
Heard S/sri A. N. Srivastava, Pankaj Kumar Srivastava, R. P. Tiwari and Sanjay Rajpoot, learned Counsel for the applicants and learned A. G. A. for the State of U. P.

It is contended by the learned Counsel for the applicants that the F. I. R. is delayed, it was lodged after great thought and consultation. The only allegation against the applicants is that they had taken away the deceased in the night of 12-4-2006, his dead body was recovered on 14-4-2006 from the Jungle. There is no direct eye-witness account in respect of the murder of the deceased, even the dead body has not been recovered from the place of the occurrence, the naming of the applicant are after thought, the prosecution story is highly improbable because according to the F. I. R. the applicant and other co- accused were having guns but it is surprising that the deceased was not having any ante-morten injuries caused by the fire-arm. Even there is no injured witness to support the prosecution story. The alleged occurrence of abduction has not taken place as alleged by the prosecution otherwise the First Information Report would have been immediately lodged and it is also surprising that no family member even the son of the deceased, had not made any efforts to save the life of the deceased, their presence at the alleged place of occurrence was highly doubtful but the applicants have been falsely implicated due to village partybandi on account of election rivalary and the applicants were not having criminal antecedents. They are innocent they have been falsely implicated in the present case. Co-accused Iqrar Khan has been released on bail by this Court on 7-7-2006 in Cri. Misc. Bail Appl. No. 13244 of 2006, co- accused Sardar Khan has been released on bail by this Court on 3-7-2006 in Crl. Misc. Bail Appl. No. 12730 of 2006, and co-accused Jabir Khan son of Azad Khan has also been released on bail by this Court on 8-8-2006 in Crl. Misc. Bail Appl. No. 16148 of 2006, therefore the applicants may also be released on bail.

(3.)IN reply of the above contentions, it is submitted by the learned A. G. A. that there was specific motive for the applicants to commit the alleged offence. The deceased has been abducted by four persons, thereafter he has been murdered only because he has not casted the vote in favour of the co-accused Iqbal Khan, the deceased was murdered in barbaric manner and his dead body has been thrown in the Jungle. There is no delay in lodging the First INformation Report because in case of kidnapping and abduction generally the First INformation Report are not promptly lodged so that the life of victim may not be put in danger. The co-accused who have been released on bail by this Court are not named in the First INformation Report, their cases are distinguished with the cases of the applicants, therefore the applicants are not entitled to get the benefit of the parity. IN case the applicants are released on bail, they shall tamper with the evidence.
Considering the facts, circumstances of the case, submissions made by the learned Counsel for the applicants and learned A. G. A. , considering the gravity of the offence and the cases of the applicants is distinguishable with the cases of the applicants Sardar Khan, Iqrar Khan and Jabir Khan son of Azad Khan, who have been released on bail by this Court because they were not named in the First Information Report and without expressing any opinion on the merits, the applicants are not entitled for bail, the prayer for bail is refused.