SADDAM ALIAS VIPIN Vs. STATE OF U P
LAWS(ALL)-2008-3-54
HIGH COURT OF ALLAHABAD
Decided on March 17,2008

SADDAM ALIAS VIPIN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) RAVINDRA Singh, J. This appli cation has been filed by the applicant Sad dam @ Vipin with a prayer that he may be released on bail in Case Crime No. 207 of 2007 under sections 147, 148, 149, 452, 302 and 307 IPC, section 7 of Criminal Law Amendment Act and section 3 (2), 5 of SC/st Act, P. S. Bhaura Kalan, District Muzaffar Nagar.
(2.) HEARD Sri Dharmendra Singhal, Sri Vikas Sharma learned Counsel for the applicant and learned A. G. A. for the State of U. P. and Sri Amit Daga, learned Counsel for the complainant. From the perusal of the record it appears that FIR of this case has been lodged by Jitendra on 3. 8. 2007 at 10. 30 a. m. in respect of the incident which had occurred on 3. 8. 2007 at about 09. 30 a. m. In FIR co- accused Pratap, Anuj, Ravindra, Nitu and Mintu are named as accused and some miscreants were unknown. It is alleged that on 3. 8. 2007 at about 9. 30 a. m. the accused persons who were armed with country made pistols and pistols came at the house of the first infor mant and discharged the shots indiscrimi nately, consequently, Dharmendra, Smt. Sukhviri and Ramesh lost their lives. Due to this incident the panic was created in the village. According to the post-mortem ex amination report the deceased Dharmen dra has sustained six ante-mortem injuries, the deceased Sukhviri had sustained five ante-mortem injuries and the deceased Ramesh had sustained four ante-mortem injuries. The name of the applicant has been disclosed by witness Sanjay in his statement recorded under section 161 Cr. P. C. the active role of firing has been assigned to the applicant. In the said inci dent one Jitendra had also sustained inju ries who was medically examined on 4. 8. 2007, he had sustained seven injuries. The statement of witness Sanjay was promptly lodged. The gravity of the of fence is too much, no case for bail is made out, the prayer for bail is refused. Accordingly, this application is rejected. Application Rejected. .;


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