DINESH YADAV Vs. STATE

JUDGEMENT

(1.) HEARD Sri Dileep Kumar and Sri R.P. Singh, learned counsel for the applicant and learned A.G.A. for the State of U.P. Sri S.A.N.Shah and Sri Pushpendra Singh, learned counsel for the complainant.

(2.) THIS bail application has been filed by the applicant Dinesh Yadav with a prayer that he may be released on bail in case crime no. 138 of 2011 under sections 147,148,149,120-B,302,323 and 504 I.P.C. P.S. Jaithara district Etah. The facts in brief of this case are that the F.I.R. has been lodged by Smt. Munni Devi on 27.5.2011 at 9.30 a.m. in respect of the incident allegedly occurred on 27.5.2011 at about 6.00 a.m., the applicant and 7 other co-accused persons are named in the F.I.R.

(3.) ACCORDING to the post mortem examination report the deceased has sustained only one firearm wound of entry having its exit wound. It is contended by the learned counsel for the applicant that the prosecution story is false, concocted and highly improbable, the presence of the first informant at the place of occurrence was highly doubtful. she has not sustained any injury whereas she had contested the election of the village Pardhan against the co-accused Amrit Shree, according to the F.I.R. itself the role of exhortation is assigned to the co-accused Raghubir and Ram Rais and the role of causing gun shot injury is assigned to the co-accused Hardesh and co-accused Divendra alias Pattu. According to the F.I.R. the applicant did not cause any injury to the deceased. It is alleged that the remaining co-accused persons also discharged the shots, the prosecution story is corroborated by the post mortem examination report because the deceased has sustained only one gun shot wound of entry it has not been specified as to whose shot hit the deceased but on account of village party bandi the applicant and his family members has been falsely implicated in the present case. The applicant was having no motive or intention to commit the alleged offence. The applicant is a practising lawyer of district court Etah, he was having no concern with the alleged incident, he has been falsely implicated only to spoil his career because his mother Amrit Shree had contested the election against the first informant, she was elected, therefore, the applicant may be released on bail.