RAVINDRA SINGH,J. - (1.) HEARD Sri Dileep Kumar, Anil Kumar Singh and Smt. Aradhana Chauhan, Gaurav Pratap Singh, and Sri Roshan Kumar Singh, learned counsel for the applicant learned A.G.A. for the state of U.P.
(2.) THIS bail application has been filed by the applicant Hast Pratap Singh alias Ast Pratap Singh with a prayer that he may be released on bail in case crime no. 62213080517 of 2008 under sections 302,504, I.P.C. and 27 of the Arms Act P.S. Gandhi Park district Aligarh. The facts of the case in brief are that the F.I.R. of this case has been lodged by Kushal Pal Singh on 15/16.10.2008 at 4.00 a.m. in the night of the incident all the incident committed from 10.00 p.m. to 1.00 a.m. the applicant, co-accused Pappu and Ram Pal are named as accused in the F.I.R. It is alleged that on 16.10.2008 at about 1.00 a.m. Smt. Kusum Devi, sister in law of the first informant, conveyed a telephonic massage to the first informant that the co-accused Pappu has taken the deceased by calling him from his house at about 10.00 p.m. when he has not returned, a search was made, on that information the first informant Rajiv Singh came to the house of his brother and discussed the issue with the sister in law who told that since some amount of money was due upon the accused Pappu at the pretext of paying that amount he has called the deceased, then the first informant and Rajiv came to the house of the co-accused Pappu at about 2.00 a.m. and saw that the applicant and the co-accused Ram Pal were hurling abuse upon the deceased and they were saying in abusive language that the total amount of money is to be paid today and they discharged the shot by their firearm consequently, the deceased sustained injuries, thereafter they he fell down and died. The alleged occurrence has been witnessed by the first informant in the light of bulb in front of the house of the co-accused Pappu.
(3.) ACCORDING to the postmortem examination report the deceased has sustained firearm wound of entry on the back of the scalp and multiple firearm wounds in the area of 22 cm x 20 cm on the back of the chest of neck and above surface of the upper part of upper arm. The applicant applied for bail before the learned Sessions Judge, Aligarh who rejected the same on 11.5.2009.;