- (1.) RAVINDRA Singh, J. This application has been filed by the applicant Faisal with the prayer that he may be released on bail in Case Crime No. 520 of 2007 under section 302 I. P. C. P. S. Mawana district Meerut.
(2.) THE facts of the case in brief are that the F. I. R. of this case has been lodged by Sri Lekh Raj Sachdeva, Advocate, on 9. 11. 2007 at 4. 30 p. m. in respect of the incident which had occurred on 8. 11. 2007 at 9. 00 p. m. alleging therein that the deceased Surendra Sachdeva had gone for a routine evening walk on 8. 11. 2007, at about 9. 00 p. m. somebody caused gun shot injury on his person in front of the house of Master Prakash Goel in Mohalla Hira Lal, on his shouting the nearby persons reached at the place of occurrence, who gave information to the first informant, thereafter, the deceased in an injured condition was taken to the Hope Nursing Home where his treatment was going on, but the deceased succumbed to his injuries in that hospital on 18. 11. 2007 at 4. 00 a. m. and on the same day, the post-mortem examination was conducted. According to the medical examination report, the deceased has sustained gun shot injury on his back. THE statement of the deceased was recorded under section 161 Cr. P. C. by the I. O. on 17. 11. 2007 who alleged that the applicant had caused gun shot injury on his person, because the applicant was teasing his niece, which was objected by the deceased. THE applicant applied for bail before the learned Sessions Judge, Meerut who rejected the same on 25. 1. 2008. Heard Sri N. I. Jafri, learned Counsel for the applicant and the learned A. G. A. for the State and Sri Mukhtar Alam, learned Counsel for the complainant. It is contended by the learned Counsel for the applicant that the applicant is not named in the F. I. R. , the first informant was not an eye-witness, the deceased in an injured condition was brought by his brother Jugal Kishore at Hope Nursing Home, Meerut where he was medically examined on 8. 11. 2007 as indoor patient, where it has been categorically stated that the deceased has sustained injuries on his back, while he was going to his house, something hit on his back, following this he fell down and was unable to move both his lower limbs, at that time he was conscious, which shows that the deceased could not identify the real assailant, his statement was not recorded, immediately after lodging the F. I. R, by the I. O. , his statement was recorded on 17. 11. 2007 in which he made allegation against the applicant that the applicant has caused injury on his person. The naming of the applicant is after thought. The applicant was having no motive or intention to commit the alleged offence. The alleged incident has taken place in the dark hour of night and somebody has caused firearm injury from the back side of the deceased. The deceased himself was not in a position to identify the real assailant, it is a hit and run affair.
(3.) DURING investigation the I. O. recorded the statement of Baljeet and Gopal Singh under section 161 Cr. P. C. who were allegedly present at the time of recording the statement of the deceased Surendra Sachdeva. These witnesses are highly interested and partisan, they happen to be the clients of the first informant, the statement of Udaibir Saini was also recorded under section 161 Cr. P. C. on 19. 11. 2007 who stated that the applicant has discharged shot at the deceased, he was a chance witness and he is the servant of Kamal Singh Chauhan, who is the neighbour of the first informant, the applicant is innocent, he has not committed the alleged offence and he is not having any criminal antecedent. Therefore, he may be released on bail. In reply to the above submission it is contended by the learned A. G. A. and the learned Counsel for the complainant that the condition of the deceased at the time of admission in hospital was very serious even he was unable to move his lower limbs, and endorsement made by the doctor at the time of the admission of the patient about the manner in which the patient sustained injuries, is not too much relevant, because in the present case the condition of the deceased was very serious on the next day i. e. 9. 11. 2007 the operation was done and metallic bullet was removed from his body, on the same day recovered bullet was sent by the doctor to the Station Officer of P. S. Mawana district Meerut. The statement of the deceased was recorded on 17. 11. 2007, in which he had made allegation against the applicant that he caused gun shot injury on the person of the deceased and he has disclosed the motive also. The alleged incident has been witnessed by other witnesses also. In case, the applicant is released on bail, he shall tamper with the evidence.;