Virendra Vikram Singh, J.

This is an application for bail moved on behalf of the accused-applicant Badan Singh, involved in case crime no. 1747 of 2011, under section 302 @ IPC, P.S. Ujhani, District Budaun.

Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.

2. As per the prosecution version, Jassu, the father of the applicant, eloped twenty years back and by the family members of the deceased, Bhure Singh the deceased in the present case was suspected to have done the same.

3. It is said that due to this enmity, in the intervening night of 5/6.9.2011, the applicant along with his two associates surrounded Bhure Singh and assaulted him with "spade" and "lathi". The applicant has been assigned the specific weapon, the "spade" with him in the FIR.

4. The argument is that the FIR is delayed and in fact the dead body was recovered some time early in the morning and thereafter this false case was concocted.

5. It has further been argued that two persons were also shown to have Lathi, but no corresponding injuries were found over the dead body.

6. So far the enmity is concerned, it is a double edged weapon and it may cut either of the