Ravindra Singh, J. - (1.) HEARD Sri. S.P. Singh Raghav, senior advocate, assisted by Sri. Anil Raghav and Sri. A.M. Zaidi learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri. Pulak Ganguly, learned Counsel for the complainant.
(2.) THIS application has been filed by the applicant Mohd. Rashid with a prayer that the may be released on bail in Case Crime No. 263 of 2009 under Sections 147, 148, 149, 323, 504, 506, 452, 307 and 302, I.P.C. P.S. Baheri district Bareilly. The facts, in brief, of this case are that the F.I.R. has been lodged by Abrar Ahmad on 12.3.2009 at about 15 p.m. in respect of the incident which had occurred on 12.3.2009 at 4 p.m. the distance of the police station was about two furlong from the alleged place of occurrence. The applicant and five other co -accused namely Mohd. Shahid, Chand Babu, Mohd. Aarif, Javid and Mohd. Yaseen are named in the F.I.R. it is alleged that the applicant and other co -accused persons entered into the house of the first informant on 12.3.2009 at about 4 p.m. the deceased Km. Rana was caught hold by the co -accused Chand Babu, Mohd. Yaseen and the applicant caused injury on her persons by using gupti blow. The another sister of the first informant namely Farha Bi was caught hold by the co -accused Mohd. Arif and Javid and the co -accused Mohd. Shahid, caused injury on her person by using gupti blow consequently, both the sisters became seriously injured, thereafter, the deceased Km. Rana succumbed to her injuries. According to the post -mortem examination report the deceased Km. Rana sustained punctured wound on the back of the chest and the injured Farha Bi sustained three incised wounds, the applicant applied for bail before the learned Sessions Judge, Bareilly who rejected the same on 12.9.2009.
(3.) IT is contended by the learned Counsel for the applicant that the alleged occurrence has taken place in a spur of moment, it was not pre -intended and the applicant was not having any motive to commit the alleged offence even according to the prosecution version the applicant gave single blow of the gupti, the blow has not been repeated and the injuries on the back also shows that the applicant was not having any intention to commit the murder of the deceased. The applicant is an innocent person, he is having no criminal antecedent therefore, he may be released on bail whereas the co -accused Shahid on the person of the injured Farha Bi has been released on bail.;