ARSHAD Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, Senior Advocate assisted by Sri I.M. Khan and Sri Sikandar B. Kochar, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Rajiv Lochan Shukla, learned counsel for the complainant.

(2.) This bail application has been moved by the applicant Arshad with a prayer that the applicant may be released on bail in case crime No. 474 of 2009 under sections 302/34, 201 IPC, and Section 19/20 Arms Act, P.S. Dhoomanganj, District Allahabad.

(3.) The facts in brief of this case are that the FIR has been lodged by Julfekar Ahmad on 6.8.2009 at 9.30 P.M. in respect of the incident allegedly occurred on 6.8.2009 at about 8.00 P.M. The alleged occurrence had taken place in front the house of Basi Ahmad in village Kasari Masari, the FIR has been lodged against four persons namely Ishlam, Imran, Arshad and Mohd. Jaid alleging therein that the first informant Julfekar Ahmad along with his father Ansar Ahmad (deceased), cousin of the Gulam Nabi, Mashroor Ahmad and Ilfaas Ahmad after offering the prayer from the graveyard at about 8.00 P.M. on 6.8.2009 when they reached near the house of Vasi Ahmad, the accused Islam, Imran, Arshad and Mohd. Jaid came from the house of Vasi House, they were armed with rifles, they came in front the vehicle of first informant and others. The first informant and his father were pushed down by them and they discharged the shots the deceased. The first informant came in fear, he shouted and escaped from the place of the incident. His brother also came their, who witnessed the alleged incident. On account of a festival there was sufficient light in the village and road side. On shouting made by the first informant many persons gathered at the place of the incident, thereafter accused persons fled away in the west side. The deceased has sustained injuries, he was taken to the medical collage with the help of the police where he was declared dead. The first informant went to police station and lodged the FIR. His motorcycle U.P. X-3892 was lying at the place of the incident. The post mortem examination report shows that the deceased has sustained 10 ante mortem injuries in which injury No. 1,2,5,6, and 7 are gun shot wounds of entry, injury No. 3,4 and 8 are fire arm wounds of exit. Injury No. 9 is contusion and injury No. 10 is multiple contusion on left foot. The fire arms wounds of entry i.e. injury No. 1,2,5,6, and 7 were having the blackening. From the alleged place of the incident five empty cartridges of 315 bore, one empty cartridge of 12 bore and one metallic bullet were recovered on 6.8.2009. The applicant applied for bail before Sessions Court, the same has been rejected.