PAPPU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned Counsel for the applicant, learned counsel for the first informant as well as learned A.G.A. and perused the record.

(2.) The accused- applicant is involved in Case Crime No. 398 of 2020, under Sec. 302/ 34 I.P.C., Police Station Nagina, District- Bijnor.

(3.) It is submitted by the learned counsel for the applicant that as per the FIR, the applicant along with other co accused persons is assigned the role of assaulting with lathi. Out of the four accused persons, Rampal was exonerated by the Investigating Officer during investigation. As per the FIR, Arjun the first informant and his mother are shown to be the eye witnesses of the alleged incident. Both these eye witnesses and the shop keeper Nirmal, in front of whose shop the incident is said to have taken place, have not supported the prosecution case and all of the three witnesses have been declared hostile by the trial court. As per the post mortem report, five injuries have been found on the person of the deceased. Out of these five injuries, three are lacerated wounds, one is incised wound and the fifth is multiple abrasions. As per the FIR, it is not clear as to who has inflicted these injuries. The prosecution case has not been supported by the witnesses. The applicant is languishing in jail from 8/9/2020, hence, the prayer for bail is made.