RAVINDRA SINGH,J. - (1.) HEARD Sri Rajeev Kumar Saxena, learned counsel for the applicant learned A.G.A. for the State of U.P. and Sri Ram Ashish Pandey and Sri Devesh Vikrm, learned counsel for the complainant.
(2.) THIS application has been filed by the applicant Raju with a prayer that he may be released on bail in case crime no. 109 of 2009 under sections 147,148,149,307,302 I.P.C. P.S. Vidhuna district Auraiya. The facts, in brief, of this case are that the F.I.R. of this case has been lodged by Dinesh Chandra Gupta on14/15.5.2009 at 12 O'clock in respect of the incident which had occurred on 14.5.2009. According to the F.I.R. five persons including the applicant and two other co-accused Mool Chand Kori and Sumit Narain Kori are named with the allegation that they have committed the alleged offence. It is alleged that at about 12 O'clock at night, on hue and cry of the children, the first informant and other persons came on the roof of the house, they saw the injured Sumit, was lying in a pool of blood, the applicant the co-accused Sumit Narain Kori were also seen by the first informant and another on the same roof. The co-accused Mool Chand Kori, Sumit Narain Koir were armed with country made pistol, the applicant was armed with lathi, two unknown person were armed with country made pistol. As soon as the first informant and her husband deceased Dinesh Chand Gupta proceeded towards their injured son, the applicant used lathi blow on his person consequently he fell down, thereafter, the co-accused Sumit Narain also caused gunshot injury on the person of the deceased, after committing the alleged offence the applicant and other co-accused persons run away from the alleged place of occurrence, the motive behind the commission of the alleged incident was that the co-accused Mool Chand had made allegation against the injured Sumit that he had molested Snehlate, the daughter of the co-accused Mool Chand, thereafter, there had been quarrel on the filling of the water. That according to the post mortem examination report the deceased Dinesh Chandra Gupta shows that he had sustained three injuries in which injury no.1 was gun shout wound of entry, injury nos. 2 and 3 were abraded contusion on the left side and tip of the left shoulder.
(3.) ACCORDING to the medical examination report the injured Sumit Gupta shows that he has sustained firearm wound of entry, the applicant applied for bail before the learned Magistrate Auraiya. who rejected the same on 11.8.2009.;