PANKAJ NAQVI, J. - (1.) HEARD Sri Rajiv Lochan Shukla, learned counsel for applicant, Sri K.M. Tripathi for informant and learned A.G.A, for State.
(2.) THE applicant seeks bail in Case Crime no. 162 of 2015, under Sections 147, 148, 452, 307, 384, 323, 504, 506 IPC, P.S. Kotwali Hathras, District Hathras.
(3.) THE submission is that FIR came to be lodged on 12.3.2015 in respect of an occurrence dated 5.3.2015 alleging that while Amit Kumar, the informant was sitting inside his house, at about 7:00 P.M, Sunil, Satyendra, Nabav (applicant), Sanjay and Lala entered his house hurling abuses at him and demanded Rs.5000/ - as an extortion amount, which was resisted by his brother Laxman, then all the above accused persons with a view to kill his brother; applicant along with Sunil tied a rope around the neck of his brother, which was prevented by the informant, but the informant was given a push, as a result of which he fell down, but Kalia is alleged to have inflicted a knife wound on his brother, whereas Satyendra and Sanjay inflicted hockey sticks / iron rods on his brother, which attracted the attention of passers -by, whereupon accused persons fled from the scene. It is submitted that there is no explanation for delay of 7 days in lodging of the FIR, which renders the prosecution story as highly doubtful at this stage. Learned counsel for applicant invited the attention of the Court towards the injuries (Annexure -3) of the injured Laxman, which is a ligature mark over neck about 35 cm, red in colour. It referred to ENT for thorough examination and an expert opinion and the X -ray report and the ENT report filed along with supplementary affidavit dated 20.4.2015 shows that there is a ligature mark over neck about 35 cm X 1.75 cm brown in colour and in the oral cavity; mucosa over pharyngeal pillar and post pharyngeal wall was congested and on indirect Laryngoscopic examination, it revealed that Mucosa over Larynx was congested and oedematous (swelling) and voice quality was altered.;