Vijay Kumar Verma - (1.) HEARD Sri F. N. Dubey, advocate appearing for the applicant and Sri Rajiv Tiwari, learned A.G.A. for the State and also perused the record.
(2.) AN F.I.R. was lodged on 6.4.2007 by the complainant Surendra Singh s/o Harvir Singh at P. S. Kithore, District Meerut, where a case under Sections 307 and 452, I.P.C. was registered as Case Crime No. 201 of 2007 against Brahmpal (applicant herein), Sukhpal and one unknown person. The allegations in the F.I.R. are that some dispute was going on between Smt. Jaiviri wife of the complainant and wife of Sukhpal. The accused Brahmapl, Sukhpal and one unknown person who was covering his face by dhata having country made pistols entered into the house of complainant and accused Brahmpal fired on the son of the complainant thereby causing injuries to him. Rest two persons also are said to have fired on the wife of the complainant, but she escaped narrowly. The main submission made by learned counsel for the applicant is that when dispute between the ladies was going on regarding a nali, the complainant having country made pistol was coming from the house, but accidentally fire was made from tamancha, which hit his son and subsequently false F.I.R. was lodged by him against the accused persons.
(3.) NEXT submission made by learned counsel is that after investigation final report has been submitted against Sukhpal and unknown person. It is also submitted that the injuries sustained by the injured are not dangerous to life and hence the applicant Brahmpal, who is in jail since 16.7.2007, should be admitted to bail as due to delay in trial his fundamental right of speedy trial envisaged under Article 21 of the Constitution is being infringed.;