- (1.) B. K. Rathi, J. The applicant Ramesh seeks bail in case crime No. 835 of 1999. Under Sections 307, 302, I. P. C. , police station Kotwali Hapur, district Ghaziabad.
(2.) I have heard Sri Gopal Chaturvedi and Sri D. K. Dewan, learned counsel for the applicant, Sri D. N. Wali, learned coun sel for the complainant and the learned A. G. A. The F. I. R. of the incident was lodged by Pradeep Kumar on 28-10-1999 at 10:15 p. m. According to which, he and Mahipal, the deceased of this case, who was his real uncle were going on motor cycle to village Kasmabad about 8. 45 p. m. the applicant alongwith two other accused were waiting at the railway crossing. All of them made indiscriminate firing causing injuries to Mahipal. It is further men tioned in the F. I. R. that Mahipal was taken to Khan Nursing Home, Hapur immedi ately where he is getting treatment and is admitted. The contention of the learned counsel for the applicant is that the victim has a criminal history and received injuries in some incident. It is contended that on 28-10-1999 at 8. 00 p. m. Rampal, Manager of Rishav Cold Storage, Pilakhuwa was looted in which the victim received in juries and the applicant has been falsely implicated and the case has been con cocted.
(3.) THE learned counsel in support of the argument has referred to the allegation made in the F. I. R. wherein it is mentioned that Mahipal injured is admitted in Khan Nursing Home and is getting treatment. That not only this after the case was registered, the investigation was taken up and the I. O. reached at Khan Nursing Home where the victims were being treated and recorded their statements. THE statement of Mahipal, victim of this case and Pradeep Kumar, according to the case diary were recorded in the Khan Nursing Home. It is contended that all this evidence is falsely created and the injured were never taken to Khan Nursing Home nor was treated there. That the com plainant had no information regarding it. That the victim after being injured was taken to M. Prakash Nursing Home by police where he was admitted on 11. 50 p. m. on 28-10-1999 and the injuries were examined there. THEre the Mahipal, victim of this case informed there that he received injuries at 9. 00 p. m. on 28-10- 1999. It is contended that the lime of the incident is 8. 45 p. m. and he did not state that the accused persons fired at him. Prosecution has filed counter-af fidavit, in which it is mentioned that the victim was taken 10 Khan Nursing Home where first aid was given and he was then shifted to M. Prakash Nursing Home. A letter written by Dr. Khan of Khan Nursing Home to the Incharge of police station Hapur has been filed, which show that the victim was brought lo Khan Nursing Home by the police at 10. 30 p. m. and was shifted to M. Prakash Nursing Home, Meerut after first-aid. Another letter has been produced, which is Annexure CA-2, according to which the injuries were not examined at Khan Nursing Home. It is contended that the injuries of the victim were not examined at Khan Nursing Home and even if it is accepted for argu ments sake, that he was taken to Khan Nursing Home he was taken by the police and not by the complainant and for a very short time. Thai therefore, there is no question of recording the statement at Khan Nursing Home by the I. O. after registration of the case. The victim reached at M. Prakash Nursing Home, Meerut at 11. 50.;