' The petitioner seeks bail in a case registered with Police Station Sarai Alamgir, District Gujrat, under section 302, P.P.C., vide F.I.R. Dated 29-3-1988. According to the F.I.R. Lodged by Abbas Ali, Chowkidar, on 29-3-1988 at about 3-1/2 p.m., he went outside the village to look after his cattle. He noticed the dead body of a naked man lying nearby who had fire-arm injuries. He reported the matter to the police.
2. It is contended by learned counsel for the petitioner that the petitioner is not named in the F.I.R.
Submits that he was arrested somewhere in April, 1988 but till today the trial has not commenced and there is no likelihood of the trial commencing in the near future. The contentions have been opposed by learned counsel for the State.
3. I have heard the learned counsel and perused the record. The only evidence so far made available against the petitioner is that the deceased was last seen in the company of his co- accused eight days before the dead body was recovered. The witnesses have simply stated that they saw the petitioner alongwith his co-accused going with the deceased while they were armed with fire-arm. The description of fire-arm or who was holding the said fire-arm is not given in the statements of the witnesses. The dead body was found lying on 29-3-1988, whereas the statements of the witnesses were recorded on 1-4-1988. The petitioner remained in police custody for the purpose of investigation, but no recovery was effected from him.
' For the reasons discussed above, I allow bail to the petitioner provided he furnishes security in the sum of Rs,30,000 with two sureties, each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate concerned.