- (1.) Supplementary affidavit as well as counter affidavit filed today in Court, which are taken on record. Heard learned counsel for the applicant and learned A.G.A. as well as the informant's counsel. Perused the record. Submission of counsel is that the applicant was named in the F.I.R. but during investigation the investigating officer submitted final report in favour of the applicant and charge-sheet was not submitted against him. Counsel has drawn the attention of the Court to several statements which have been recorded by the investigating officer indicating that the applicant was not one of the assailants. Later on, when the trial began and the witnesses were examined the stand which was taken by the witnesses was not the same as was in the statements given before the investigating officer and the applicant was named during the course of trial as one of the assailants, who exhorted and also resorted to firing. Submission of the counsel is that the post mortem report of the deceased reveals that there are three injuries found on the body of the deceased. The first one is incised wound but the counsel has fairly conceded that when the doctor was examined by the police it has been clarified by doctor that this was an inadvertent error as in the same wound, not only blackening was found present but a pallet was also recovered from the same and therefore, there is no doubt about the nature of injury no. 1 and the same was definitely caused by a firearm. Further submission is that two wounds were described as lacerated wounds but there is no blackening, tattooing or charring present in either of these woulds nor is there any inversion of margins found in any of them. Further submission is that the post mortem report also does not reveal that any pallets or metals have been discovered from inside of the body, which could be ascribed to have entered into the body through either of these two lacerated wounds. Submission is that there is no doubt in the fact that the injuries no. 2 and 3, the two lacerated wounds, have been caused either by a fall or by any blunt weapon and definitely not by any firearm wound. It has also been submitted that there is specific evidence of prosecution with regard to the fact that the deceased had received gun-shot would as result of firing which was resorted to by co-accused Ranjit Dubey. Submission is that in such circumstances when specifically the firearm wound received on the body of the deceased is attributable to co-accused Ranjit Dubey, the case of the applicant stands on a different and distinguishable footing, specially keeping in view the fact that final report was also submitted in his favour by the investigating officer. It has further been submitted that the applicant has now been summoned by the court below under Section 319 Cr.P.C. and his bail applicant has been rejected by the court below after he surrendered and appeared in the court.
(2.) Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the accused is not having any criminal history and he is in jail since 6.5.2015 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
(3.) Learned A.G.A. and the informant's counsel opposed the prayer for bail.;