LAWS(ALL)-2021-7-137

RANJEET Vs. STATE OF U. P.

Decided On July 19, 2021
RANJEET Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 17.06.2019 passed by learned Additional Sessions Judge, Court No. 8, Agra dismissing Criminal Appeal No. 57 of 2019 (Ranjeet Vs. State of UP) filed under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ''the Act') and affirming the order dated 21.02.2019 passed by Juvenile Justice Board, Agra refusing the bail plea to the revisionist in Case Crime No. 85 of 2017, under Sections 302, 394 & 411 I.P.C., Police Station-Shamsabad, District Agra.

(2.) Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.

(3.) The prosecution case, as per the version of the FIR, is that on 5.4.2017, when informant, Seemendra Singh Solanki who is a Sub-Inspector along with his team members namely Constable Gurmeet Singh, Constable Naresh Chand and Constable Vipin Kumar were patrolling, an information was received at about 7:25 on RT Set that firing was being done near Raja Kheda Road Bypass Tiraha and one person had got injured. Upon receiving the aforesaid information, the informant along with his team members reached the place of occurrence and found Constable Ajay Kumar of Police Station Shamsabad in a grievous injured condition lying aside road. The informant got knowledge from the people surrounded there that when the said Constable Ajay Kumar was trying to stop the three rogues who were coming from Rajkheda, they pumped many bullets to Constable Ajay Kumar by hurling abuses from their country made pistols. In reply, Constable Ajay Kumar has also open fired to them but they snatched his service pistol and flew away from the place of occurrence. Thereafter, the informant informed the higher officers about the said incident and bring Constable Ajay Kumar from the official jeep of police station to the G.G. Nursing Home where the doctors declared Constable Ajay Kumar as dead. Thereafter, the dead body of Constable Ajay Kumar was sent to mortury at S.N. Medical College for post mortem examination.