in the postmortem report on the person of the deceased, are not grievous or life threatening. The F.I.R. was lodged on 08.04.2021. On 11.04.2021 the father of the deceased identified the body of the deceased on the basis of photographs and the clothes. The statement of the father of the deceased under Section 161 Cr.P.C. was recorded on 17.04.2021. The applicant was not named by the father of the deceased either in his application on 11.04.2021 or in his statement under Section 161 Cr.P.C. on 17.04.2021. The name of the applicant was introduced for the first time on 20.05.2021 in the statement given by the brother of the deceased under Section 161 Cr.P.C. The statement was an afterthought and delay in making the same is fatal to the prosecution case. There is no direct evidence against the applicant. Even as per the aforesaid statement, the applicant had accompanied the deceased and dropped him off at his village. The applicant was not last seen with the deceased at any time proximate to the death of the latter. There is no incriminating link in the chain of circumstances against the applicant. No recovery, which can be connected to the case, has been made from the applicant or at his pointing out. Learned counsel for the applicant contends that prior to the instant case, the applicant does not have criminal history. Lastly it is submitted by learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not
