- (1.) RAVINDRA Singh, J. Heard Sri G. S. Chaturvedi Senior Advocate assisted by Sri Udai Chandani learned Counsel for the applicant, learned A. G. A. and Sri T. N. Joshi learned Counsel for the complainant.
(2.) THIS application has been filed by the applicant Manoj with a prayer that he may be released on bail in case crime No. 155 of 2005, under Sections 302, 307 and 201 I. P. C. , P. S. Kakor, District Gautambudh Nagar. The prosecution story of this case, in brief, is that the F. I. R. of this case has been lodged by Sri Vinay Vashisth at P. S. Kakor on 22-10-2005 at 6. 00 p. m. in respect of the incident which had occurred on 22- 10-2005 at about 3. 00 p. m. The F. I. R. has been lodged against the applicant and co-accused Sanjay under Sections 307 and 504 I. P. C. , but subsequently the injured Vipin and Smt. Beena died, therefore, Section 302 I. P. C. has also been added. It is alleged that on 22-10-2005 at about 3. 00 p. m. the first informant alongwith Vipin and Amit were sitting on a shop. The deceased Beena Devi was coming there by taking tea, but she was abused by the applicant and co-accused Sanjay and asked not to go through that way. On the hurling the abuses the first informant and others came out from the shop and saw that the applicant and co-accused Sanjay were firing by gun and country made pistol. Consequently, Smt. Beena Devi sustained injuries on her neck and back and Vipin has sustained injury on his right eye and Amit sustained injuries on the right side of the head. The father of the first informant also sustained injuries on the leg caused by some weapon. Its information was given by the first informant. On that information the police reached at the place of occurrence and 3 injured persons were taken in a jeep to District Hospital, Gautambudh Nagar, but the case of the injured persons was referred to a hospital of Delhi. Thereafter, first informant went to the police station to lodge the F. I. R. According the post- mortem examination report of Smt. Beena Devi, she has sustained one fire-arm wound of entry and 15 bruises. The cause of death was gunshot wound. Injured Amit Kumar has sustained a fire-arm wound of entry on left head temporal and injured Vipin Kumar has also sustained a fire-arm injury on the back of the head and injured Med Singh has also sustained a fire-arm injury. It is contended by the learned Counsel for the applicant that there is delay in lodging the F. I. R. , whereas the distance of the police station was only 4 kms from the alleged place of occurrence. The first informant claims himself to be an eye-witness, but he has not sustained any injury. The presence of the first informant at the alleged place of occurrence is highly doubtful. It is further contended that it has been specifically alleged in the F. I. R. that the applicant was armed with gun and co-accused Sanjay was armed with country made pistol, but during investigation, the first informant and other witnesses have changed the weapon of the applicant by alleging that he was armed with revolver. It shows that the first informant was not present at the time of the alleged occurrence and it has been stated by both the injured Amit Kumar and Vinaj under Section 161 Cr. P. C. that on the basis of recovery of 12 bore cartridge from the place of occurrence the weapon gun has been shown by the first informant in the hands of the applicant, because they could not disclose the correct fact to the first informant being seriously injured. They stated that the applicant has used the revolver in the commission of the alleged offence. It is further contended that according to the F. I. R. the injured persons were taken by the police in a jeep to the hospital. It is not mentioned in the record of the hospital. It is further contended that according to the F. I. R. the father of the first informant namely Med Singh had also received injuries in the said incident, but according to the record of the hospital the injured persons were taken to the hospital by Med Singh and Med Singh was not medically examined in that hospital. It also makes the whole prosecution story doubtful. It is further contended that the prosecution story is not corroborated by the post-mortem examination report of deceased Beena Devi because it is said that she had received injury on the neck and back caused by the fire-arm, whereas she had received only one gunshot wound of entry and there is no explanation of 15 bruises. It is further contended that according to the prosecution version the applicant and co-accused were arrested by the police on 24-10-2005 and from the possession of the applicant one licensed revolver and from the possession of co-accused Sanjay one country made pistol were shown recovered, the recovery was concocted by the police.
(3.) IN reply of the above contention the learned A. G. A. and learned Counsel for the complainant submitted that the alleged occurrence had taken place in a broad day light at about 3. 00 p. m. Its F. I. R. was promptly lodged. The role of firing is assigned to the applicant and co-accused, consequently the deceased and injured persons sustained fire-arm injuries. The witnesses came at the place of occurrence on hearing sound of hurling of abuses. When they came out from the shop by that time the applicant and co-accused were firing, but they have not witnessed anything happened prior hurling of the abuses or firing, the bruises would have been caused prior the hurling of abuses and firing which could not be witnessed by the witnesses, therefore, no explanation of bruises could be given. IN the present case the prosecution story is supported by the injured witnesses and they have clearly stated that the applicant has fired by the revolver and caused the injuries. Considering the facts and circumstances of the case and submissions made by the learned Counsel for the applicant, the learned A. G. A. and the seriousness of the allegation and the presence of the injured witnesses and learned Counsel for the complainant and without expressing any opinion on the merits of the case the applicant is not entitled for bail, therefore, the prayer for bail is refused.;