- (1.) THIS application for bail has been moved on behalf of the accused-applicant Sanju Singh involved in Case Crime No. 383 of 2009, under Sections 302, 504 IPC, P.S. Shivli, District- Rama Bai Nagar.
(2.) HEARD Sri V.P. Srivastava, Senior Advocate assisted by Sri Rajeev Lochan Shukla, learned counsel for the applicant, Sri Sher Singh, learned AGA for the State, Sri D.P. Singh, learned counsel for the complainant and perused the material available on record. The incident took place on 19.10.2009 at about 6.15 p.m. FIR was lodged under Section 307, 504 IPC on the same day at 7.10 p.m. at P.S. Shivli, District- Kanpur Dehat (Rama Bai Nagar) by Ram Chandra Singh- brother of the deceased against Kaushal Singh, Sanju Singh and Harnam Singh alleging therein that in the evening of 19.10.2009, his brother Promod Singh had gone to ease himself towards North of the Village near Junior High School. While he was returning to his house, the accused Kaushal, Sanju and Harnam Singh stopped him and on the exhortation of Kaushal Singh and Harnam Singh, Sanju fired at Promod by his licensed gun causing injuries. The first informant and witnesses Ram Chandra Singh, Umesh Singh and Bachol Singh reached on the spot and the accused managed to escape. Promod Singh Chauhan was taken to hospital and medically examined on the same day at 9 p.m. and multiple fire arm wound with tattooing and blackening were found in an area of 10 x 8 c.m. at right upper arm, 5 c.m. above right elbow joint and multiple fire arm wound in an area of 11 x 10 c.m. were found at right side of chest with blackening and tattooing, 10 c.m. below right shoulder joint. Promod died on 29.10.2009 at 10 a.m. in the hospital and post-mortem was conducted on the same day at 4.15 p.m. It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated due to enmity. Investigating Officer in parcha-5 of the case diary, after making enquiry from the villagers came to the conclusion that incident was caused by Jagvir Singh and Ram Singh and not by the applicant. It was further submitted that investigation was frequently transferred and undue interference was made in the investigation as detailed in para 3 of the supplementary affidavit and the statement of the victim recorded by the Investigating Officer, which is being treated as dying declaration is not believable as the deceased was not in a position to speak.
(3.) LEARNED AGA and learned counsel for the complainant opposed the prayer for bail and submitted the incident took place at 6.15 p.m. and the FIR was promptly lodged at 7.10 p.m. on 19.10.2009. The applicant is named in the FIR wherein the specific role of firing at the deceased has been assigned to the applicant. Both the injuries mentioned in the injury report, could have been caused by a single gun-shot. It was further submitted that on 20.10.2009, the Investigating Officer interrogated the injured Promod Singh Chauhan wherein he stated that on the exhortation of Harnam Singh, Sanju fired shot at him by a gun. Co-accused Kaushal was armed with a rifle and Harnam was armed with a country made pistol. One of the passer -by informed his family members about the incident, who took him to the police station from where he was sent to Sivli Hospital but there was no doctor and, therefore, by a three-wheeler, he was taken to Ursla Hospital from where he was referred to Hallet Hospital, Kanpur Nagar. It was further submitted that the first informant Ram Chandra Singh has fully support the FIR version. The witness Jagvir Singh in his statement recorded under Section 161 Cr.P.C., has stated that when Promod Singh was being taken to police station, he was saying that Sanju has shot him and there is only one Sanju in his village.;