Ashok Srivastava, J. - (1.) THIS bail application has been moved on behalf of applicant Top Singh @Ravindra Singh, who is involved in Case Crime No. 61 of 2011, under Section 302 I.P.C., Police Station Baberu, district Banda. Heard learned counsel for the applicant, Mr. A.R. Dwivedi, learned counsel for the complainant and learned A.G.A. for the State and perused the materials on record. It has been submitted from the side of the applicant that the applicant is in jail since 18.3.2011; that he is innocent and has been falsely implicated in this case. It has further been submitted that the alleged incident had taken place at the residential house of the complainant and no source of light is there. It has further been submitted that the alleged incident had taken place at about 11.30 P.M. He has vehemently argued that an information given to the police which is annexure - 2 to the affidavit annexed to the bail application, indicates that the dead body was lodged with the concerned hospital, was lodged as unknown. It has further been submitted that in the site plan annexed as annexure - 3 to the supplementary affidavit no source of light has been mentioned in the site plan.
(2.) THE bail application has been vehemently opposed by learned counsel for the complainant as well as learned A.G.A. The applicant is named in the F.I.R. The F.I.R. is prompt. It has been specifically mentioned in the F.I.R. as well as in the statement of the complainant that it was the applicant who had fired on the chest of the deceased. It is a case of single injury by single fire. Specific case is there that it was the applicant who had fired upon the deceased.
(3.) CONSIDERING all the aspects of the case and without expressing any opinion as to the merits of the case, in my opinion that it is not a fit case for grant of bail the applicant. The bail application is rejected.;