Ravindra Singh - (1.) -This application has been filed by the applicant Israil Atewala with a prayer that he may be released on bail in Case Crime No. 48 of 2006 under Sections 147, 148, 149, 307 and 302, I.P.C., P.S. Colonelganj, district Kanpur Nagar.
(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Mohd. Sami on 8.4.2006 at 10.15 a.m. in respect of the incident which had occurred on 8.4.2006 at about 8.30 a.m. THE applicant and two other co-accused are named in F.I.R. It is alleged that the applicant and two other co-accused persons discharged the shots indiscriminately by their pistols. In the meantime the applicant caused injury to the person of the deceased Javed on the back of his head. THE deceased Javed tried to run away, he was caught hold by the applicant and injured by using the bud blow which was caused by co-accused Wasim Banta. Due to this incident panic was created in the locality and the shops were closed. THE applicant and other co-accused persons extended the threats by discharging the shots in the air. THE deceased in an injured condition was taken to Ursala Hospital where he was declared dead. According to the post mortem examination report, the deceased had received nine ante mortem injuries, in which injuries No. 1, 5, 6 and 8 were fire arm wounds of entry, injury No. 2 was fire arm wound of exit, injury No. 3 was abraided contusion, injury No. 7 was abrasion and injury No. 9 was multiple lacerated wound. Heard Sri V. P. Srivastava, learned senior advocate assisted by Sri Lav Srivastava and A. S. Dubey, learned counsel for the applicant, learned A.G.A. and Sri Sharique Ahmad, learned counsel for the complainant. It is contended by learned counsel for the applicant that the alleged occurrence had not taken place at 8.30 a.m. on 8.4.2006 as alleged by the prosecution. It had taken place in the darks hours of night because three ounce fluid was found in the stomach of the deceased, some digested food was found in the small intestine, gases and faecal matter were found in large intestine. The deceased was a hardened criminal, he was involved in 41 criminal cases, he had multi cornered antecedent, he was murdered in some other manner but the applicant has been falsely implicated only due to ill-will of the first informant. The applicant is innocent, he is having no criminal antecedent.
(3.) IN reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the complainant that the specific role of firing is assigned to the applicant and it has been specifically alleged that the shots discharged, by the applicant also hit on the head of the deceased. The alleged incident was witnessed by so many persons, it has been committed in a city area in a broad day light. The F.I.R. has been promptly lodged. The deceased in an injured condition was taken to Ursala Hospital where he was declared dead. The prosecution story is fully corroborated by the post mortem examination, in case the applicant is released on bail, he shall tamper with evidence. Considering the facts, circumstance of the case, gravity of the offence, active role of causing the injury to the deceased is assigned to the applicant, submission made by learned counsel for the applicant, learned A.G.A. and learned counsel for the complainant and without expressing any opinion on the merits of case the applicant is not entitled for bail. The prayer for bail is refused. Accordingly this application is rejected.;