SARVESH Vs. STATE OF U.P.

JUDGEMENT

(1.) The Present bail application has been listed today in the additional cause list.

(2.) From a perusal of the order dated 10.12.2019 passed by Co-ordinate Bench of this Court, it transpires that Sri Anurag Shukla, Advocate has filed his appearance on behalf of the informant and the matter was listed on 21.4.2020 on which date also the informant counsel Sri Ahurag Shukla was directed to file counter affidavit within two weeks but from the record it transpires that no counter affidavit has been filed by him till date as the Office has placed before the Court a written objection received by E-mail from the learned Additional Government Advocate which is on record and has been considered by the Court.

(3.) From a perusal of the F.I.R. as well as the pleadings made in the present bail application it transpires that the F.I.R. of the present case was lodged by the informant Kuldeep son of Shivram, who is also an injured persons in the present case, against the applicant and four others, namely, Yadram, Rakesh, Rajiv and Saurabh. Co-accused Yadram is the father of the applicant and other co-accused persons are the real brothers of the applicant. The incident in question is said to have taken place on 1.6.2019 whereas the F.I.R. was lodged on 27.6.2019. The allegation made in the F.I.R. is that the applicant and other co-accused persons armed with lathi, farsa and country made pistol entered into the house of the informant/injured and assaulted the informant/injured with their respective weapon. On the exhortation of co-accused Yadram, the applicant and his brother Rakesh fired with their country made pistol which passed away after being touched the head of the injured and a shot which was fired by co-accused Rakesh, it is alleged that it hit at the right arm of the injured on account of which he got serious injuries and had fallen and on his alarm, his wife Shivani and his brother-in-law Surjeet reached at the place of occurrence and on seeing them, the accused fled away. It further transpires from the F.I.R. that the wife of the informant informed about the incident by dailing 100 number on which the police of police chowki Bujhia took the informant/injured and got his medical examination done and in the x-ray it has come that the fracture of little finger was seen. The informant went to lodge the F.I.R. at police station Karhal but the same could not be lodged. The F.I.R. of the incident has been lodged on 27.6.2019 though from the F.I.R. itself it transpires that the police of police chowki Bujhia had got the informant/injured medically examined at C.H.C. Karhal, Mainpuri on 1.6.2019 at 6:40 p.m. and further the x-ray was also conducted there and from a perusal of medical examination report of the injured Kuldeep all the injures were found to be simple in nature except injury nos. 4, 5, 6 and 7 which was kept under observations. On 3.6.2019, there appears to be a report of Radiologist of district hospital Mainpuri wherein the right hand of the injured Kuldeep was found to be fractured on proximal end of proximal phalanx in little finger and on his right arm no abnormality was deducted. Single radio opaque shadow metallic density seen in upper part of forearm whereas the x-ray of the skull shows single radio opaque shadow seen over right thigh, parietal region. The said x-ray was conducted by Dr. Arun Kumar. Subsequently a supplementary report of injured dated 3.7.2019 which has been annexed as annexure-3 to the bail application which goes to show that so far as injury no. 4 caused on skull is concerned, no fracture was found, the injury was simple in nature as no foreign metallic body was seen during the medical examination of the injured Kuldeep of the said injury. So far as injury no. 5 is concerned, no fracture was seen, hence the said injury was also found to be simple in nature. So far as injury no. 6 is concerned, it has been opined that no abnormality was deducted and the said injury was found to be simple in nature no bony injury was seen during the medical examination of the injured in the said injury. Similarly injury no. 7 for which x-ray was advised is concerned, fracture was seen in the little finger. All the injuries in the opinion of the doctor were simple in nature and caused by hard and blunt objection. The statement of the injured was recorded by the Investigating Officer under section 161 Cr.P.C. a copy of which has been annexed as annexure-4 to the bail application. In the said statement, the informant has reiterated the prosecution case as has been stated by him in the F.I.R. but when he was specifically interrogated by the Investigating Officer that he has not received any injury of fire arm and has received injuries of hard and blunt object only though as per the F.I.R. he has stated that fire arm shot hit him, he stated that due to panic, he mentioned that he received gun shot injury and has stated that he was assaulted by the accused persons on account of which he received injuries on his person which itself raises doubt regarding the statement of the injured with respect to the involvement of the applicant. In para-14 of the affidavit filed in support of the bail application, it has been mentioned that the applicant has no criminal antecedent. The applicant is languishing in jail since 31.7.2019.