K.N.Ojha - (1.) -This is second bail application moved by Nipendra in Case Crime No. 1400/2005 under Section 302, I.P.C., Police Station Haldaur, district Bijnor.
(2.) THE first bail application was rejected by this Court in Criminal Misc. Bail Application No. 3603 of 2006 on 2.3.2006. Heard Sri Arun Kumar Singh learned counsel for the applicant, learned A.G.A. and have gone through the record. According to prosecution Kulbeer Singh lodged F.I.R. against applicant and one Vikram Singh under Section 302, I.P.C. on 12.11.2005 at 8.30 p.m. in respect of the occurrence which is said to have taken place on the same day about 5.15 p.m. It is said that Kulbeer Singh had gone from his village Jalalpur to market Heemapur alongwith Piyush Kumar and Vimal Kumar. After purchasing articles they were going back. He started to talk with his son Akshey Kumar, when Vikram Singh and Nipendra Singh came there and on exhortation of Vikram Singh, Nipendra Singh with country made pistol fired on Vimal Kumar. Both the accused fired and left the place. Vimal Kumar was carried to District Hospital, Bijnor, where he was declared dead. One gunshot wound was found on chest of Vimal Kumar aged about 25 years alongwith corresponding wound on right of chest. One abrasion was also found on the body of Vimal Kumar.
(3.) IN the first bail application it was argued by learned counsel for the applicant that there was no motive to commit murder, no blood was found on the spot. There was no evidence that they were coming back from market and there is no independent witness of the occurrence. It was also argued that pellet crossed the chest but no blood was found on the ground. After considering these arguments speaking order was passed and bail application was rejected. By moving instant second bail application it has been submitted by learned counsel for the applicant that there was no motive to the applicant to commit murder of Vimal Kumar. No article, which was purchased from market and which was being carried by the victim and the witness was found on the spot. It is also submitted that according to prosecution fire was made from country made pistol of 12 bore but single bullet crossed the body resulting into the death of Vimal Kumar, it means the applicant had not fired on the victim.;