Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5494 of 2010 Petitioner :- Suneel Yadav Respondent :- State Of U.P. Petitioner Counsel :- Alok Ranjan Mishra Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and learned AGA for the State.
It is contended by the learned counsel for the applicant that some witnesses
have stated before the Investigating Officer that the deceased was murdered
and some witnesses have stated that the deceased committed suicide. It is
further contended that it is the case of single shot and memo prepared by the
Investigating Officer on 15.10.2009 itself shows that the the deceased had
committed suicide and one empty cartridge (32 bore cartridge) was found at
the place of occurrence and Blastic expert submitted report that the empty
cartridge which was found at the place of occurrence was fired from the pistol
recovered from the spot.
Learned AGA contended that the FIR is prompt. There is specific allegation
against the applicant that he had fired shot and there was motive to commit
murder. The occurrence had place on 14.10.2009 at 11:30pm and FIR was
lodged on 15.10.2009 at 00:30am and applicant is named in the FIR along
with co-accused.
As per FIR version, the dispute had taken place between deceased Abhinav
Singh and accused persons at Kamleshwaran Guest House and the deceased
left place along with his friend Manoj Singh. When he reached near Satsang
Park, Shastri Nagar accused persons came from behind and started abusing
Abhinav Singh and fired shot by fire arms. The complainant came on the spot
after hearing the noise. In this case the investigation was transferred by
Inspector General of Police, Kanpur Nagar to Police Station Collectorganj
when complaint was made. The subsequent Investigation Officer who
investigated the case found the FIR version true and submitted charge sheet
against the accused. In the post mortem one fire arm entry wound with
corresponding exit wound was found. The blastic expert found that the
recovered cartridge was used in the recovered pistol. Two types of evidence
have been recorded by the Investigating Officer. The complainant and witness
Manoj Kumar Singh who is maternal uncle of the deceased have stated that
the deceased was murdered by the accused persons where as Gaurav Gupta,
Pankaj Singh, Mohit Pandey, Partho Mukherjee, Siddharth Kumar Singh,
Pankaj Mishra, Chandraprakash Srivastava, Pappu Sharma and Gaurav
Thakur have stated that the deceased had committed suicide. The charge sheet
has been submitted with the allegation that the accused persons were found
involved in committing murder of the deceased. Manoj Kumar Singh who
was present on the spot and complainant who reached on the spot after
hearing fire of sound have stated that the deceased was murdered by the
accused persons. There is specific allegation against the applicant.
Considering the promptness of lodging the FIR and accusation made against
the applicant, without affecting merit of the case, the applicant is not entitled
for the bail.
The bail application is rejected at this stage.
Order Date :- 1.7.2010
SU.