RAJ VEER Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Bharat Bhushan Pal, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Gaurav Kakkar, learned counsel for the complainant. This bail application has been filed by the applicant Rajveer with a prayer that he may be released on bail in case crime No. 66 of 2011 under sections 147, 148, 149, 307, 302 IPC and section 7 Crl. Law Amendment Act, P.S. Rajpura, District Badaun.

(2.) THE facts in brief o this case that FIR has been lodged by Surendra Pal on 20.1.2011 at 7.25 P.M. in respect of the incident allegedly occurred on 20.1.2011 at about 5 P.M. In FIR co-accused Islam, co-accused Ram Dayal, co-accused Banwari and applicant Rajveer are named in the FIR as accused, five or six persons were unknown. It is alleged that in the election of village pradhan the wife of the deceased was elected by defeating the co-accused Chandrapal. Since then the co-accused Chandrapal and his party members developed the enmity with the deceased and chandrapal had challenged the deceased. On 20.1.2011 at about 5.00 when the Scorpio of the deceased passed the village Dupatta Khurd the applicant and other co-accused persons came from the sugar can crop having the fire arms, lathi, bhala and ballam, they discharged the shots at the exhortation of the co-accused Chandrapal all the co-accused discharged the shots indiscriminately. THE co-accused Banwari Yadav also discharged the shots upon the deceased. THE Prempal also sustained injury in side the vehicle. THE deceased Rajpal shot dead on the sheet. According to the statement of the injured witnesses the applicant and other co-accused persons discharged the shot indiscriminately causing the injuries to the deceased and injured persons. According to the post mortem examination report the deceased had sustained 13 ante mortem injuries in which injury No. 1, 3,4,7.9. and 11 are fire arm wounds of entry, injury No. 2,5,8,10 and 12 are fire arm wounds of exit and injury No. 6 and 13 are fire arm abrasions.

(3.) CONSIDERING the facts, circumstances of the case, submission made by learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and from the perusal of the record it appears that the applicant is named in the FIR. The FIR has been promptly lodged. It is alleged that the accused persons discharged the shots indiscriminately caused the injury to the deceased and injured persons. According the post mortem examination report the deceased had sustained 13 ante mortem injuries. The case of the applicant is distinguishable with the case of co-accused Ramveer Singh who has been released on bail by this court on 17.8.2011 in Crl. Misc. Bail Application No. 18247 of 2011 and without expressing any opinion on the merits of the case, the applicant is not entitled for bail, the prayer for bail is refused. Accordingly this bail application is rejected.