ROOP SINGH @ RUPA Vs. STATE

JUDGEMENT

(1.) This is second bail application. First bail application was rejected by the order dated 20.4.2001.

(2.) Heard Sri J.S. Sengar along with Sri L.K. Davey for the applicant, learned A.G.A. for the State and Sri A.N. Srivastava for the complainant.

(3.) Sri J.S. Sengar submitted that before the trial court statement of first informant has been recorded already as P.W. 1 Learned counsel invited the attention of the court to that part of the statement of the first informant wherein he has still maintained that firing was made only by the applicant with gun in his hand while in the dying declaration recorded by the Magistrate the deceased had assigned role of firing to two persons namely the applicant and co-accused Jagir Singh. Jagir Singh has already been admitted to bail by the order of another Bench of this Court. It was further submitted by Sri Sengar that the injury report of the deceased which was prepared while he was alive does not fit in with the allegation that the injuries of deceased were caused with use of a gun from a close range. On the other hand learned counsel for the complainant submitted that in the counter affidavit the complainant has alleged that the dying declaration had been kept in a sealed cover and its contents are not known. A photo copy of the dying declaration which was part of case diary has been brought on record from the side of the applicant and perusal of the same supports the applicant's submission that the deceased had assigned the role of firing to two persons, namely the applicant and Jagir Singh who has already been admitted to bail. As the trial is in progress it will not be appropriate for this court to express final opinion on the above contention but having regard to the fact that the applicant is in jail since long and all the witnesses of fact have been examined already and also to the fact that co-accused Jagir Singh who was also assigned the role of firing has already been admitted to bail, the applicant is also admitted to bail.