RAVINDRA SINGH,J. - (1.) THIS application is filed by the applicant Nawneet Kumar Trivedi alias Popat with a prayer that he may be released on bail in case crime No. 287 of 2005, under Sections 307 and 506 I.P.C. P.S. Kotwali District Ballia.
(2.) THE prosecution story, in brief, is that in the present case the F.I.R. was lodged by one Sushil Kumar Sharma, Advocate at P.S. Kotwali on 21 -8 -2005 at 8.40 a.m. in respect of the incident, which had occurred on 21 -8 -2005 at about 7.30 a.m. The distance of the police station was about 1 -1/2 km from the alleged place of occurrence. The F.I.R. was lodged only against the applicant alleging therein that there was dispute between the applicant and the first informant over a house. The applicant was extending threats and developing pressure on the first informant to vacate the house in which he was residing. There had been litigation between the first informant and the father of the applicant. On 21 -8 -2005 at about 7.30 a.m. the first informant alongwith his son injured Avinash Kumar Sharma was sitting in his verandah. The applicant alongwith one unknown person came there on a motorcycle and the applicant threw a bomb towards the first informant which did not hit him, but it hit the son of the first informant. The second bomb was also thrown by the applicant which did not caused any injury. The condition of the son of the first informant became very serious due to injury received by him. Thereafter, he was taken to the District Hospital, Ballia where he was medically examined and admitted in the hospital for treatment. Thereafter, the first informant went to the police station to lodge the F.I.R. Heard Sri V.K Sharma, Sri Kamlesh Kumar Tiwari and Sri Sanjay Kumar learned Counsel for the applicant, learned A.G.A. for the State of U.P and Sri Kameshwar Singh, Bhupesh Rai, Sri J.S. Upadhyaya and Sri J.N. Pandey learned Counsel for the complainant.
(3.) IT is contended by the learned Counsel for the applicant that: (i) The applicant has been falsely implicated in the present case due to pendency of litigation between the parties. The alleged offence was committed by some unknown person. It is evident from the F.I.R. also that one unknown person has been shown in the company of the applicant. (ii) The allegation against the applicant is that he threw a bomb on the first informant, but he did not receive any injury. The injury was received by his son Avinash Kumar Sharma. (iii) The applicant was having no motive or intention to cause injury on the person of injured. (iv) The injuries received by the injured are on the antero, lateral aspect on lower half of the left thigh and knee, and upper 1/3 of left lower leg. The injuries were muscle to bone deep. The injury was on non vital part of the body and it was not dangerous to life. The offence under Section 307 I.P.C. is not made out. (v) On the date of alleged occurrence the applicant was detained in Regional Jail, Hazipur (Bihar). He was caught by the Railway Authority without ticket in a train and he was convicted and sentenced under Section 137 of the Railway Act. He remained in Jail since 15 -7 -2005 to 24 -8 -2005, whereas the alleged occurrence had taken place on 21 -8 -2005. (vi) The applicant is in jail since 26 -11 -2005. The applicant is having no criminal antecedents, therefore, he may be released on bail. ;