Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16295 of 2010 Petitioner :- Shrinivas Respondent :- State Of U.P Petitioner Counsel :- Raghubir Singh Respondent Counsel :- Govt Advocate,Birendra.S.Pandey Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and Sri
B.S.Pandey learned counsel appearing on behalf of the
complainant.
It is contended by learned counsel for the applicant that according to the
prosecution version, the alleged incident has taken place on 20.11.2009
at 8.00 p.m., its FIR has been lodged on 20.11.2009 at 9.35 p.m., the
distance of the police station was about 7 Kms. from the place of
occurrence. It is alleged that the applicant was armed with licensed rifle,
co-accused Goli was armed with licensed DBBL gun and remaining
five persons were armed with unauthorised fire arms. It is alleged that
all the accused persons discharged the shots indiscriminately,
consequently, the deceased sustained gun shot injury. According to the
post mortem examination report, the deceased has sustained only one
gun shot wound of entry on the right forehead, the injury was not
having its exit wound. The metallic bullet was recovered from the dead
body of the deceased. During investigation, it has not been specified as
to whose shot hit the deceased. The bullet recovered from the dead body
of the deceased was sent to Ballistic Expert along with licensed rifle of
the applicant. According to the report of Ballistic Expert, the bullet
recovered from the dead body of the deceased was not discharged by
the licensed rifle of the applicant.
The co-accused Mangesh, whose case is based on the same footing
with the applicant has been released on bail by another bench of this
court on 9.3.2010 in Criminal Misc. Bail Application No. 4724 of 2010,
the co-accused Rajveer has been released on bail on 22.3.2010 in
Criminal Misc. Bail Application No. 6402 of 2010 and co-accused Sonu
has been released on bail on 3.5.2010 in Criminal Misc. Bail
Application No. 10008 of 2010, therefore, the applicant may also be
released on bail.
Considering the facts, circumstances of the case, submission made by
learned counsel for the applicant, learned Counsel appearing on behalf
of the complainant, learned A.G.A. and from the perusal of the record it
appears that the deceased sustained one gun shot wound of entry, it was
not having any exit wound, whereas according to the FIR, the co-
accused Devendra was armed with rifle and co-accused Goli was armed
with DBBL Gun and remaining accused including the applicant
Shrinivas were armed with unauthorized fire arms and they fired shots
indiscriminately, but it has not been specified as to whose shot hit the
deceased, the co-accused, namely, Mangesh, Rajveer and Sonu have
been released on bail by another bench of this Court, the role of firing
has been assigned to all the accused persons but it has not been said as
to whose shot hit the deceased, without expressing any opinion on the
merits of the case the applicant is entitled to be released on bail.
Let the applicant Shrinivas involved in case crime no. 785 of 2009
under Sections 147, 148, 149, 307, 302, 452 I.P.C. and Section 30 Arms
Act, Police Station Sikandra, District Agra be released on bail on his
furnishing a personal bond and two heavy sureties each in the like
amount to the satisfaction of the Court concerned with the conditions.
• That the applicant shall not tamper with the evidence.
• That he shall report to the court of C.J.M. concerned in the first
week of each month to show his good conduct and behaviour till
conclusion of the trial.
In case of default of any of the above mentioned conditions, the bail
granted to the applicant shall be deemed cancelled and he shall be taken
into custody forthwith.
Order Date :- 14.7.2010
Su