S. I. JAFRI, J. ( 1 ) THIS is an application for bail preferred on behalf of Ravindra Pratap Shahi applicant involved in case Crime No. 53 of 1987 under sections 147, 148, 149, 302, 379 and 427 I. P. C. police station Kothi Bhar, District Gorakhpur. ( 2 ) THE occurrence in the instant case is alleged to have taken place at 2. 45 P. M. on 15th June 1987 at the fag end of the election of delegates to Sahkari Ganna Samiti, Sisua Bazar in village Bariarpur within the jurisdiction of police Station Kothi Bhar. In the above occurrence, the First Information is Virendra Pandey son of Bhagwat Pandey one of the four deceased, who lodged a report of the occurrence at 5. 45 P. M. at Police Station Kothi Bhar, wherein 19 persons were nominated by him as accused alongwith some other unknown persons. Out of the aforesaid accused persons nominated by him in the First Information Report, Ravindra Shahi applicant was alleged to be armed with a gun and the remaining accused persons were said to be possessed of Farsas, Gadansas and Lathies. In the First Information Report, it was alleged by the complainant Virendra Pandey that accused persons formed an unlawful assembly and committed rioting during the course of occurrence as a result of which four persons, namely, Bhagwat Pandey, Ram Ugra, Sahodar Pandey and Subhash Pandey lost their lives at the hands of the accused. Bhagwat Pandey and Ram Ugra deceased had sustained incised and lacerated wounds whereas Subhash Pandey and Sahodar had received incised and gun-shot injuries. As stated above, out of the aforesaid accused persons Ravindra Shahi was alleged to be armed with gun and the remaining accused persons were possessed of Farsas, Gadansas and Lathies who sweeped upon the aforesaid deceased persons and caused their death by inflicting gun-shot injuries and Farsas Gadansas and Lathies blows on the deceased and all the four deceased had succumbed to their injuries on the spot. Thereafter assailants had escaped from the place of occurrence. ( 3 ) AFTER the occurrence, a report of the incident was lodged by Virendra Pandey at 5. 45 P. M. at the Police Station Kothi Bhar which lies at a distance of 8 Kms. Thereafter assailants had escaped from the place of occurrence. ( 3 ) AFTER the occurrence, a report of the incident was lodged by Virendra Pandey at 5. 45 P. M. at the Police Station Kothi Bhar which lies at a distance of 8 Kms. from the village where the occurrence had taken place and consequently a case under sections 147/148/149/, 302/379/427 I. P. C. was registered against the aforesaid 19 persons and some other un known persons at the police station. ( 4 ) STATION Officer Puran Yadav of Police Station Kothi Bhar was not present at the police station at the time of registration of the case. However, on being informed that some firing had taken place during the course of election at village Bariarpur, he rushed to the scene of occurrence alongwith police constables and also with a Sector Magistrate and arrived at the place of occurrence at about 4. 45 P. M. The Sub-Inspector found the dead bodies of the four deceased persons lying on the spot under the care of Head Constables Shish Kumar Tiwari, Constables Kamla Yadav. Bindeshwari Singh and Chwokidar Mithailal and Chhedilal who were deputed on election duty there from before the occurrence. ( 5 ) I have heard the learned counsel for the applicant Sri J. S. Sengar and also the learned counsel for the complainant Sri V. C. Tewari. I have also heard Sri Shivaji Mishra learned counsel for the State at a considerable length. I have gone through the case diary of the case. ( 6 ) CERTAIN observations are necessitated for the disposal of the present application for bail which prima facie are too obvious and which would have a bearing on the merits of the trial. ( 7 ) IN the First Information Report, the presence of Mahant Shankar Saran, Ramanuj Das, Ram Kishore, Ram Prakash Yadav, Ram Kanwal, Ismail Mian and Chhedi Lal was mentioned at the place of occurrence. The Police constables present on duty in the election were also said to have interceded during the course of assault on the deceased. ( 8 ) IT was vehemently argued by the learned counsel for the applicant that there has been inordinate unexplained delay in recording of the statements of the complainant and his witnesses under section 161 Cr. The Police constables present on duty in the election were also said to have interceded during the course of assault on the deceased. ( 8 ) IT was vehemently argued by the learned counsel for the applicant that there has been inordinate unexplained delay in recording of the statements of the complainant and his witnesses under section 161 Cr. P. C. by the investigating officer which generates a lot of suspicion with regard to the correctness of the prosecution case. From the case diary it is amply apparent that the investigating officer Puran Yadav did not record the statement of the complainant Virendra Pandey on 15-6-1987 and his statement was recorded only on 16-6-1987 at 5 A. M. although the Investigating Officer had arrived at the scene of occurrence by 4:45 P. M. on 15-6-1987. It is expected that the First Informant Virendra Pandey might have returned to the place of occurrence from police Station Kothi Bhar after lodging his report much earlier than 5 A. M. On 16-6-1987. Moreover complainant Virendra Pandey had named Mahant Shanker Saran, Ramanuj Das, Ram Krishan, Ram Prakash Yadav, Ram Kanwal, Ismail Mian and Chhedi Yadav in his First Information Report as the witnesses but curiously enough, the statements of the aforesaid witnesses were not recorded by the Investigating Officer till 19-6-1987. Likewise, the statements of Head Constable Shish Kumar Tiwari constables Kamla Yadav and Bindeshwari Singh who were admittedly present on election duty at the place of occurrence were not recorded till 23-7-1987. According to the First Information Report, the Police constables present on election duty on the spot had interceded during the occurrence. Prima facie, from the facts and circumstances put forth before me. I find that infirmities in the prosecution case are too glaring to be over-looked. There is inordinate and unexplained delay in the recording of the statements of the complainant Virendra Pandey and his witnesses named above including the Police constables and the Chowkidars. ( 9 ) LET applicant Ravindra Pratap Shahi involved in case Crime No. 53 of 1987 under section 147, 148, 149, 302, 379 and 427 I. P. C. Police Station Kothi Bhar; district Gorakhpur be released on bail on his furnishing a personal bond of Rs. 20,000. 00 with two surities each in the like amount to the satisfaction of the Chief Judicial Magistrate, Gorakhpur. Petition allowed. .