SUNIL RATHI Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. This bail application was received back from the apex Court for reconsideration on the grounds indicated in its order by the apex Court. The bail to this accused was granted by me against which the complainant had preferred an appeal before the highest Court of the land.

(2.) AFTER hearing the parties the case was remanded back to this Court, as stated above, for a fresh consideration on the grounds to be considered by this Court, as per direction of the apex Court. The grounds are " (1) the fact that the accused is named in the FIR; (2) the fact that accused had other accusations to his credit; and (3) the fact that the co-accused was denied bail. " The apex Court felt that these facts have not received consideration at the hands of the High Court. These are the three factors, which this Court is required to give its consideration before affirming or disowning the previous order passed by it in favour of the accused-applicant on 30-5-2004.

(3.) AN overall picture emerging from the two post-mortem examination reports is revelation of the fact that there were as many as eight entry wounds in the case of Mahak Singh. Out of them three wounds, viz. injuries No. 1, 3 and 7, have their exits also. Few injuries were on non-vital parts, viz. on the thighs. The shots seem to have been fired from close range and they apparently were of a rifle or a revolver. In pistols, generally factory made or country made, cartridges are used. Some of the injuries were of the dimension of 1-1/2 cm. x 1- 1/2 cm. or 1-1/4 cm. 1-1/4 cm. From some injuries bullets were recovered. One or two injuries were in the dimension of 3/4 cm. x 3/4 cm.