MANOJ DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed by applicant Manoj Dubey with a prayer that he may be released on bail in Case Crime No. 535 of 2006, under Sec. 302, I.P.C., P.S. Sipri Bazar, District Jhansi.

(2.) The prosecution story, in brief is that the F.I.R. of this case has been lodged by Pradeep Kumar Dubey on 17.3.2006 at 6.30 a.m. in respect of the incident which had occurred on 17.3.2006 at about 4.30 a.m. The applicant is sole accused in the present case who has been named in the F.I.R. It is alleged that on 17.3.2006 the deceased Amit Kumar Tiwari was sleeping in a rental house Munshi Ram compound, the first informant and Siya Saran Misra were also sleeping in the same room where the deceased was sleeping. At about 4.30 a.m. the applicant having D.B.B.L. gun came to the room of the deceased and caused firearm injury on his chest. The first informant and Siya Saran Misra challenged the applicant but the applicant again caused injury on the stomach of the deceased by discharging the second shot, thereafter he fled away from the alleged place of the incident. The deceased in injured condition was taken to Medical College, Jhansi in a Maruti Van where he was declared dead by the doctor. Leaving the dead body in the Medical College, the first informant went to the police station and lodged the F.I.R. According to the post-mortem examination report, the deceased had received three injuries in which injury No. 1 was gun shot wound of entry oral in shape over left side of chest, injury No. 2 was gunshot wound on the left side abdomen. Both the injuries were having blackening and tattooing, injury No. 3 was multiple abrasion over left chest.

(3.) Heard Sri Satish Trivedi, Senior Advocate, assisted by S/Sri Roshan Khan and Ravindra Kumar Kaushik, learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri M.C. Chaturvedi and Vikas Tiwari, learned Counsel for the complainant.