SUDHIR KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri V.M. Zaidi, learned senior advocate assisted by Sri S.M.G. Asghar, learned counsel for the applicant, Sri Nitin Gupta, learned counsel for the complainant, learned A.G.A. for the State on 20.5.2010, perused the record and have gone through the bail rejection order passed by the Sessions Court. Learned counsel for the applicant submitted that applicant Sudhir Kumar is a head constable posted at P.S. Simbhawali, District Ghaziabad. The applicant has been falsely implicated in this case with a view to save Sub Inspector Abhay Ram Singh, who was heading the police party. The revolver, used in firing the shot, was never issued to the applicant. The Inspector and Sub Inspector Abhay Ram Singh of the aforesaid police station manipulated the G.D. entries and other documentary evidence to show issuance of revolver in the name of the applicant. It was further submitted that the applicant had no enmity with the deceased and there was no occasion for him to cause the death of the deceased.

(2.) LEARNED counsel for the complainant submitted that the applicant accompanied by four policemen came to the place of occurrence and without any justification the applicant shot the deceased.

(3.) THE incident took place on 16.11.2009 at 4:30 p.m. F.I.R. was lodged on 17.11.2009 at 2:45 p.m. at the instance of Imran, brother of the deceased, which is delayed. F.I.R. under sections 332, 353 I.P.C. and another F.I.R. under section 13 Gambling Act were registered against Parvez and others on 16.11.2009 at 5:30 p.m. wherein it was mentioned that the deceased was accidentally shot by the applicant while trying to apprehend the gamblers. Applicant had no personal enmity with the deceased. Considering all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it to be a fit case for bail.