RAMESH Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. The applicant Ramesh seeks bail in case crime No. 835 of 1999. Under Sections 307, 302, I. P. C. , police station Kotwali Hapur, district Ghaziabad.

(2.) I have heard Sri Gopal Chaturvedi and Sri D. K. Dewan, learned counsel for the applicant, Sri D. N. Wali, learned coun sel for the complainant and the learned A. G. A.

(3.) THE learned counsel in support of the argument has referred to the allegation made in the F. I. R. wherein it is mentioned that Mahipal injured is admitted in Khan Nursing Home and is getting treatment. That not only this after the case was registered, the investigation was taken up and the I. O. reached at Khan Nursing Home where the victims were being treated and recorded their statements. THE statement of Mahipal, victim of this case and Pradeep Kumar, according to the case diary were recorded in the Khan Nursing Home. It is contended that all this evidence is falsely created and the injured were never taken to Khan Nursing Home nor was treated there. That the com plainant had no information regarding it. That the victim after being injured was taken to M. Prakash Nursing Home by police where he was admitted on 11. 50 p. m. on 28-10-1999 and the injuries were examined there. THEre the Mahipal, victim of this case informed there that he received injuries at 9. 00 p. m. on 28-10- 1999. It is contended that the lime of the incident is 8. 45 p. m. and he did not state that the accused persons fired at him.