PREMVEER Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Viresh Misra, senior advocate assisted by Sri Satyaveer Singh, learned counsel for the applicant, learned A.G.A. for the State as well as Sri A.P. Tiwari, learned counsel for the complainant and perused the records.

(2.) LEARNED counsel for the applicant submitted that the deceased had a long criminal history of 10 cases and had many enemies. The incident took place on 4.8.2010 at 9:00 P.M. on highway where there was no source of light. Five persons, including the applicant, are alleged to have fired indiscriminately at Saneef (the deceased). All the accused are alleged to be armed with licensed and illicit firearms, but only two gunshot wounds of entry and one gunshot wound of exit were found on the dead body.

(3.) THE contention is that none of the injuries was caused with a 12 bore weapon and, therefore, involvement of the applicant is highly suspicious. Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and submitted that the deceased was a witness in a previous case under section 307 IPC, which was pending against the applicant and the co-accused and the deceased was attacked with intention to kill so that he may not give evidence. However, learned counsel for the complainant as well as learned A.G.A. admitted that the large exit wound clearly indicates that injury no.1 was caused by a rifle and the second entry wound was of 315 bore weapon and none of the entry wounds was caused by a 12 bore weapon.