MOHD. SHARIB Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri G.S. Chaturvedi, learned Senior Counsel assisted by Shri Raghuvansh Misra, learned counsel for the applicant and Shri N.I. Jafri, learned Senior Counsel assisted by Shri S.I. Jafri, learned counsel for the informant who are present virtually through video conferencing and learned AGA for the State who is present in the Court.

(2.) This bail application has been given by accused-applicant Mohd. Sharib in Case Crime No. 1369 of 2018, under Section 302/ 120B IPC, P.S.- Kotwali Nagar, District - Bulandshahar.

(3.) The FIR has been lodged by informant Mohd. Yunus on 13.10.2018 in respect of incident dated 9.10.2018/10.10.2018 in the night and the allegation is that the deceased was an Ex-MLA and was living in Bulandshahar. In the morning, till 11 AM, door of his bedroom did not open and therefore, after breaking the window, members of his family and others opened the door which was locked from inside. The deceased was found lying on the bed in bleeding condition and there was gun shot injury on his head. The informant suspected that some unknown person killed him and lodged FIR against unknown. On the basis of FIR, the investigation started, the inquest report was prepared and post-mortem of dead body was undertaken. Investigating Officer investigated the offence and finding no evidence submitted Final Report. Re-investigation was conducted by CBCID. Evidence was collected and charge-sheet was filed against the accused applicant and others under aforesaid sections.