SANTOSH Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Santosh with a prayer that he may be released on bail in Case Crime No. 246 of 2005, under Sections 147, 148, 149, 302 and 307, I.P.C., P.S. Kasganj, district Etah.

(2.) THE prosecution story, in brief, is that the F.I.R. has been lodged by Sri Suresh Chandra at P.S. Kasganj, Etah on 27.7.2005 at 10.10 p.m., in respect of the incident which had occurred on 27.7.2005 at 8.15 p.m. THE distance of the police station was about 5 kms. from the alleged place of occurrence. THE F.I.R. was lodged against unknown persons who have caused the injuries on the person of the deceased Brahma Singh and injured Rameshwar Prasad by firearm. Due to injuries the conditions of Rameshwar Prasad and Brahma Singh was serious and they were taken to the hospital, thereafter the F.I.R. was lodged under Section 307, I.P.C., but the deceased Brahma Singh died in the hospital, thereafter, the case was converted under Sections 302/307, I.P.C. THE post mortem examination report of Brahma Singh shows that he has received one gunshot wound of entry on right side of abdomen, the blackening was present. A metallic bullet was recovered and injured Rameshwar Prasad has also received gunshot injury on abdomen. It was grievous in nature. During investigation the names of the applicant and other co-accused persons have been disclosed by injured Rameshwar Prasad and other witnesses also disclosed the name of the applicant as an accused.

(3.) IN reply of the above contention the learned A.G.A. submits that in the present case the F.I.R. has been lodged on 27.7.2005 at about 10.10 p.m., in respect of the incident which had occurred on 27.7.2005 at about 8.15 p.m. The distance of the police station was about 5 kms. from the alleged place of occurrence. The F.I.R. was lodged after admission of the deceased and injured in the hospital. The F.I.R. was promptly lodged. At that time neither the deceased nor the injured were in a position to narrate the correct story and the injured Rameshwar Prasad was also unconscious. The names of the applicant and other co-accused persons have been disclosed by the injured when he has become conscious. Thereafter, an application was moved by the first informant on 2.8.2005, narrating the whole story. The witnesses interrogated by the INvestigating Officer are independent witnesses. They have supported the prosecution story and it has been specifically alleged that the shot discharged by the applicant hit the deceased. He is main accused and there is no reason of his false implication. IN case the applicant is released on bail, he shall tamper with the evidence, therefore, he may not be released on bail.