JUDGMENT Ravindra Singh, J.
1. Heard Sri Ashok Nath Tripathi and Mohd Afzel learned counsel for the applicant, and the learned A.G.A
2. The applicant has applied for bail in Case Crime No. 407 of 2004 under Sections 377 I.P.C. and Section 3(1)(x) of S.C./S.T. (PA.) Act P.S. Njajibabad District Bijnor.
3. The prosecution story in brief is that one Rahul Kumar aged about 10 years son of the first informant was enticed away by the applicant towards the river Malan His search was made by the first informant then he saw the applicant committing unnatural offence with his son Rahul Kumar in a field of wheat The applicant was apprehedec apprehended by the first informant with the help of other villagers at 3 30 P.M. on 4.4.2005 and he was beaten by the public thereafter he Was handed over to the police of P.S. Najibabad, where the F.I.R :was lodged by the first informant on 4.4,2005 at 6.30 P.M. It is contended by the counsel for the applicant that in the present case, the F.I.R. is delayed by 5 hours because the distance of the police station was only 2 Km. from the alleged place of occurrence. The prosecution has not come with clean hands because the applicant has not received injuries he was medically examined on 4.4.2005 at 10.40 P.M. at P.H.C. Najibabad, he Was brought by the police He had received 3 injuries in which injury No. 1 was multiple contusion with the traumatic swelling over whole face. injury No. 2 was lacerated wound over left side of face and injury No. 3 was red contusion over left arm: The duration of injuries were fresh and the injuries were caused by hard and blunt object
4. It is opposed by the learned A.G.A, by submitting that there was undue, delay in lodging the F.I.R. because the F.I.R. was registered within 5 hours by covering the distance of 2 Km. and in the cases where the accused are arrested at the time of committing the offence, the people gathered there and in such circumstances some delay Is natural.
5. It is further contended that the injuries received by the applicant have been properly explained in the F.I.R. because in such cases, if the accused are apprehended on the spot at the time of committing offence, in a public reaction it is seen that the injuries are caused by public by way of beating. It also shows that the applicant was arrested on the spot
6. The medical examination report of the victim Rahul Kumar shows that be had received two Injuries. Injury No, 1 was abrasion over anal region and by the opinion of the Doctor, unnatural offence was committed
7. In view of the facts and circumstances of the case, the submissions made by the counsel for the applicant and the learned A.G.A. and also considering the medical examination report of Rahul Kumar, the applicant is not entitled to be released on bail.
8. Accordingly this bail application is rejected at this stage.