Ravindra Singh - (1.) -This application has been filed by the-applicant Dinesh Kumar with a prayer that he may be released on bail in Case Crime No. 266 of 2006, under Sections 307, 302, 506 and 452, I.P.C., P.S. Bisalpur, district Pilibhit.
(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by one Smt. Kusum Verma the wife of the applicant on 15.5.2006 at 9.40 a.m. in respect of the incident which had occurred on 14.5.2006 at about 8.30 a.m. THE distance of the police station was about 1 km. from the alleged place of occurrence. THE applicant is named in the F.I.R. It is alleged that the marriage of the first informant was solemnized with the applicant in the year 1995. THEreafter, dispute arose between them, consequently, in the year 1997 a criminal case of Dowry Prohibition Act was registered in district Pilibhit by the first informant and the case for maintenance allowance was also filed at Tilahar which was allowed and the maintenance allowance of Rs. 500 p.m. was awarded to the first informant, but the same was not paid by the applicant and he was pressurising the first informant to withdraw the case. THEreafter, the first informant got shelter at the house of uncle of the applicant. On 14.5.2006 at about 8.30 a.m., the first informant, was sitting alongwith Smt. Santosh and others and son of Smt. Santosh, aged about years, was taking tea. In the meantime the applicant having country made pistol entered into the house of the Smt. Santosh and challenged the first informant and discharged 3 shots by country made pistol, in which one of the shot hit the head of the deceased. After committing the alleged offence the applicant fled away from that house. THE deceased in injured condition was taken to Bareilly for treatment and the first informant went to police station and lodged the F.I.R., but on the same day the deceased succumbed to his injuries, therefore, the case was converted under Section 302, I.P.C. According to post mortem examination report the deceased had received one gunshot wound of entry having its exit wounds. Heard Sri Satish Trivedi, senior advocate assisted by Sri Radhey Shyam Shukla learned counsel for the applicant and the learned A.G.A. for the State of U. P. It is contended by the learned counsel for the applicant that the alleged occurrence had taken place in some other manners, but due to pendency of the litigation with the first informant she lodged the F.I.R. against the applicant. The deceased was a minor child aged about 3-1/2 years and he was cousin's son of the applicant. The applicant was having no motive or intention to commit the alleged offence. The prosecution story is not corroborated by the site plan. On the basis of the allegation made against the applicant the only offence under Section 304, Part II, I.P.C. is made out against the applicant because the deceased had received injury accidentally. The presence of the witnesses at the alleged place of the occurrence was highly doubtful because nobody received any injury. The applicant is innocent. He has not committed the alleged offence, therefore, he may be released on bail.
(3.) IN reply of the above contention the learned A.G.A. submits that in the present case the alleged occurrence had taken place in a broad day light inside the house of Smt. Santosh and the applicant has discharged 3 shots by country made pistol, consequently, the deceased received injuries. The contention of the learned counsel for the applicant that on the basis of the allegation made against the applicant the case will not be beyond the purview of Section 304, Part II, I.P.C., having no substance. It is a case in which the applicant had committed the murder of his family member. IN case he is released on bail he shall tamper with the evidence. Considering the facts, circumstances of the case, submissions made by the learned counsel for the applicant, the learned A.G.A., the gravity of the offence is too much, the act done by the applicant 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.;