ANKUR CHAUDHARY Vs. STATE

JUDGEMENT

(1.) HEARD Sri B.S. Khokhar, learned counsel for the applicant, learned A.G.A. for the State of U.P.

(2.) THIS application has been moved by the applicant Ankur Chaudhary with a prayer that he may be released on bail in case crime no. 149 of 2011 under sections 302 I.P.C. and section 3(2)5 of S.C./S.T. Act P.S. Medical, district Meerut.

(3.) IT is contended by learned counsel for the applicant that the applicant is not named in the FIR and the first informant is not eye witness but subsequently in the second statement of the first informant which was recorded on 10.5.2011, the first informant claimed himself to be an eye witness. The second statement of the first informant is not reliable at all, it has been recorded after two months of the alleged incident. The applicant was arrested by the police on 18.3.2011 and the recovery of the pistol and its cartridges have been planted. It is contended by learned counsel for the applicant that the applicant and co-accused Amit Kumar and Ajay Sharma were apprehended by the police on 18.3.2011 in case crime No. 146 of 2011 under section 302 IPC. From their possession two pistols and cartridges of 32 bores, one CMP along with cartridges, one santro car and DLK were recovered, the recovery was planted by the police, it is not supported by any independent witness. It is alleged that the name of the applicant was disclosed by co-accused after eleven days of the alleged incident. The applicant was having no motive to commit the alleged offence. In fact nobody has seen the alleged incident but at a very belated stage the I.O. has recorded the statement of some witnesses who claimed themselves to be eye witness. There is no independent witness to support the prosecution story. The applicant was falsely implicated in three cases, he has been acquitted in case crime No. 362 of 2010 under section 307 IPC, P.S. Sardhana, District Meerut, in case crime No. 363 of 2010 under section 25 Arms Act, P.S. Sardhana, District Meerut and he has been released on bail in case crime No. 325 of 2010, under sections 302, 120-B IPC. The applicant is not involved in any other case. The applicant may be released on bail.