VIJAY KUMAR VERMA,J. - (1.) HEARD Sri Rajul Bhargava and Sri Shashi Dhar Pandey, Advocates, appearing for the applicant and AGA for the State.
(2.) THE allegations made in the FIR lodged on 16.04.2007 by Akhilesh Kumar at P.S. Hariparwat district Agra at case crime No. 350 of 2007, in brief, are that the accused Ashish and two more persons made attempt to commit the robbery of briefcase from the hand of complainant Akhilesh Kumar and also fired from their respective firearms, thereby causing injuries to Ramhet, due to which he died. Injuries are said to have been caused to Satish Chandra also. Further case of the prosecution is that applicant Ashish was apprehended on the spot along with revolver and country made pistol. The first and foremost submission made by learned counsel for the applicant is that although two firearms are said to have been recovered from the applicant at the time of his arrest on the spot, but no weapon was sent for ballistic examination to Forensic Science Laboratory, and hence it cannot be said that these weapons were used in the incident.
(3.) NEXT submission made by learned counsel is that there is no evidence to show that injuries to the deceased and the injured were caused by applicant alone and since three persons are said to have fired on the deceased, hence on this ground also, the applicant should be granted bail, because it cannot be said that applicant was the author of fatal injuries sustained by the deceased.;