- (1.) RAVINDRA Singh, J. This application has been filed by the applicant Santoo alias Arun Kumar Sharma with a prayer that he may be released on bail in case Crime No. 47/126 of 2007 under sections 323, 307 and 504, IPC and 3 (1) (10) and 3 (2) (5), SC/st Act, P. S. Saroorpur district Meerut.
(2.) THE facts in brief, of this case are that F. I. R. of this case has been lodged by the applicant Krishna Pal on 25. 4. 2007 at 9. 10 a. m. in respect of the incident which had occurred on 25. 4. 2007 at about 8. 30 a. m. It is alleged that the applicant and other co-accused Dheeraj who were going on Tractor asked the nephew of the first informant in abusive language to remove the Kuggi from the way. THE nephew of the first informant objected for abusive language then the injuries were caused on the person of the injured by the applicant and other co-accused by using Danda blows and discharged the shot by country made pistol, consequently the nephew of the first informant fell down. THE medical examination of the injured shows that he had sustained four visible injuries and complaint of pain. THE injury No. 1 was caused by hard and blunt object, rest injuries were kept under observation and advised for X-ray, it was found that three injuries were caused by fire-arm. According to the statement of the injured Rame alias Babloo he was beaten by the applicant and co-accused person by using danda blows, at the exhortation of the co-accused Dheeraj, the applicant discharged two shots at the injured consequently he sustained gun shot injuries. THE applicant applied for bail before Special Judge, S. C. /s. T. Act, Meerut who rejected the same on 15. 5. 2007. Heard Sri D. N. Wali and Sri N. I. Jafri, learned Counsel for the applicant and learned A. G. A. For the State of U. P. It is contended by learned Counsel for the applicant that alleged occurrence had taken place in a sudden quarrel, it was not pre-intended. According to the medical examination report the injured sustained injuries caused by hard and blunt object but there is no supplementary medical ex-amination report to show that any of the injury was grievous or dangerous to life. Even according to the statement of the injured, initially the injuries were caused by using danda blow, thereafter the co-accused Dheeraj taken out the country made pistol and the same was handed over to the applicant who fired at the injured. The applicant was admitted in P. H. C. , Meerapur, on 24. 4. 2007 at 4. 10 p. m. where he remained till morning of 26. 4. 2007 because he was discharged from the hospital on 26. 4. 2007 at 7. 00 a. m. The applicant was not present at the place of the occurrence because he was admitted in the hospital. The injured is having multi-corner enmity. The applicant is not having any criminal antecedent and he was having no enmity with the injured. The applicant is student of M. A. Final year, he could not appear in his examination on account of his arrest in the present case, therefore, the applicant may be released on bail.
(3.) IN reply of the above contention, it is submitted by learned A. G. A. that without any reason the applicant caused injury on the person of the injured which shows the high handedness of the applicant, the injuries were caused only because the injured was belonging to scheduled caste and on 24. 4. 2007 also marpeet had taken place. The applicant has caused injuries by using danda blows, thereafter he caused the firearm injury. Supplementary medical examination report shows that injured had received gun shot injury on the chest, there was a fracture of right 6th rive of the chest due to gun shot discharged by the applicant and there had been operation. The injury was grievous in nature and it was dangerous to life. The F. I. R. has been promptly lodged, the applicant is very powerful person, in case he is released on bail, he shall not permit the witnesses to depose the evidence falsely in Court concerned, therefore, the applicant may not be released on bail. Considering the facts, circumstances of the case, submissions made by learned Counsel for the applicant, learned A. G. A and from the perusal of the record it appears that it is a case which shows the high handedness of the applicant against the injured person who belongs to the Scheduled caste, fire-arm injury allegedly caused by the applicant on the person of the injured was grievous in nature and without expressing any opinion on the merits of the case and to ensure a fair trial, the applicant is not entitled for bail, the prayer for bail is refused. Accordingly this application is rejected. .;