I have heard both the parties and perused the record of the case. The FIR of the present case was lodged against unknown person. The name of the applicant came into light in the present case during investigation and Investigating Officer on 24.11.2020 recorded the statements of Mohd. Talib, Mohd. Yakub and Mohd. Abid. From the statement of Mohd. Talib, it appears that applicant along with co-accused Guljar was last seen with the deceased on 30.05.2020 and further as per statement of Mohd. Yakub and Mohd. Abid he along with Guljar made extra judicial confession before them and except these two evidence, there is no evidence on record against the applicant and further as per the FIR, the age of the deceased was 12 years and she was missing since 30.05.2020, but post mortem report shows that the age of the deceased was 28 years and duration of the death was about three weeks before. It appears that the post mortem of the body of a lady was conducted who died about three weeks before i.e. around 15th May as post mortem was conducted on 05.01.2020, well before missing of the victim, therefore, prosecution failed to fix even the identity of the dead body. From the perusal of the statement of informant, it appears that he was having five daughters and therefore, DNA report could not help the prosecution, as the dead body which was of 28 years old lady may be any of his daughter but, it appears to be not of the victim who was only 12 years of age and further victim of the present case was missing only since 30.05.2020 and not from or around 15th May, 2020. Therefore, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Hence, the bail application is allowed.
