- (1.) RAVINDRA Singh, J. Heard Sri J. S. Senger, Raj Kumar Khanna and S. P. Gandhi, learned Counsel for the applicant, learned A. G. A. for the State of U. P. and Sri Brahm Singh, learned Counsel for the complainant.
(2.) THIS application has been filed by the applicant Vishal Mohan Saraswat with a prayer that he may be released on bail in case crime No. 69 of 2008 under sections 147, 148, 149, 504 and 307 IPC P. S. Medical District Meerut. The facts of the case in brief are that the FIR of this case has been lodged by Rohit alias Shaili on 10. 2. 2008 at 3. 10 p. m. in respect of the incident which had oc curred on 10. 2. 2008 at about 12. 30 p. m. , the applicant and the co-accused Vikas Saras wat alias Chootu are named in the FIR, three miscreants are unknown, it is alleged that the applicant Vishal Saraswat, former General Secretary, Chaudhary Charan Singh University, Meerut, his younger brother, co-accused Vikas Saraswat alias Chootu and their other associates, were involved in extorting the money from the students putting them under the threat of coercion, on the basis of their leadership and Goondaism. The applicant and his brother had made an illegal demand of money from the injured Rohit Kumar but he protested, due to which the applicant and his brother became too much annoyed, on 10. 2. 2008 at about 12. 30 p. m. the first informant and the injured Rohit Kumar were going to take meals from the Uni versity, when they reached in front of Madan Mohan Malviya School, applicant and other co-accused persons came there, they hurled abuses and asked the injured to teach a lesson, at the exhortation of the co-accused Vikas Saraswat alias Chootu, the applicant discharged shots by country made pistol, which hit the stomach of the injured. The first informant came to his res cue. The co-accused Vikas Saraswat alias Chootu discharged shots at him but fortu nately first informant did not sustain any injury, after committing the alleged of fence, the applicant and other co-accused persons escaped from the place of incident by their motorcycle. The injured was taken to Lokpriya hospital with the help of Jaiveer and Diwakar. Thereafter, the first informant went to the police station and lodged the FIR. According to the medical examination report the injured was medi cally examined on 10. 2. 2008, 12. 45 p. m. at Lok Priya Hospital, Meerut. He was brought by the first informant Rohit alias Shaili but his general condition was poor, he had sustained lacerated wound 4. 0 cm. x 1. 5 cm. on the right side of back gun powder mark was present around the wound but the depth could not be probed. Injury was fresh caused by the firearm, the nature of the injury was dangerous to life. It is contended by the learned Counsel for the applicant that the applicant is innocent, he has not committed the al leged offence, the alleged offence has been done by some unknown persons but the applicant has been implicated due to uni versity politics. The applicant command a very good reputation, he had been the Joint Secretary of the University. There was no complaint against the applicant that he was extorting money from the students, the applicant is having a very good academic carrier, he passed M. A. , B. Ed and M. Ed. with first Division. He is a student of re search (P. H. D. ). According to the medical examination report the injuries sustained by the injured was dangerous to life. According to the supplementary medical ex amination report the injuries was grievous in nature because upper part of the right kidney was ruptured and lower part of the right tube of liver was also ruptured and the lower part of the lobe of right side was ruptured. There is difference of opinion of the doctors about the nature of injuries, the injuries was not dangerous to life.
(3.) IT is further contended that there was no repetition of the shot discharged. There is no independent witness to support the prosecution story and the applicant is in jail since 14. 3. 2008. The applicant has been falsely implicated due to ulterior mo tive to spoil the academic career. In reply to the above contentions it is submitted by the learned A. G. A. and the learned Counsel for the complainant that the alleged occurrence has taken place in a broad day light, its FIR has been promptly lodged, the allegation against the applicant is that he caused firearm injury due to which vital organ of the body have already been partly damaged and there is no rea son of false implication and the applicant is having criminal antecedent in its region, it has been submitted by the learned Counsel for the applicant that according to the statement of the injured he was the friend of the applicant and he was having family relation with the applicant and he had provided full support in election of the applicant, which shows that due to some political reasons, the applicant has been falsely implicated.;