JITENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Manish Tiwary, learned counsel for the applicant and learned AGA for the State.

(2.) It was submitted by learned counsel for the applicant that all the accused persons are alleged to have caused fire arm injuries to the deceased but a lacerated wound was also found on the head of the victim, which has not been explained by the prosecution and, therefore, there is a strong possibility that the alleged eye witnesses including the complainant did not see the incident. It was further submitted that Akash Singh @ Sangram Singh, the brother of the applicant keeps bad company of criminals and is involved in criminal activities and for this reason the applicant and his mother broke up all the relations with him and in this respect, a declaration was made on 24.7.2012. It was contended that the incident is alleged to have taken place on 21.4.2012. The applicant lives at Surat (Gujrat) and from 19.4.2012 to 21.4.2012, he was admitted at Shikha General Hospital, Surat. The copies of prescriptions and bed head ticket etc. have been filed as annexure no. 4. Lastly, it was submitted that on 21.4.2012, the applicant purchased a property at Surat regarding which, an agreement to sell was executed in his favour by Dilip Kumar s/o Laxmi Kant Dubey.

(3.) Learned AGA opposed the prayer for bail and submitted that the applicant is named in the FIR. Specific role of firing at the deceased has been assigned to Akash @ Sangram Singh and applicant- Jitendra Singh. Regarding alibi, it was stated in para 5 of the counter affidavit that alibi was false.