ANSAR Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Ansar with a prayer that he may be released on bail in Case Crime No. 105 of 2006 under Sections 147, 148, 149 and 302, I.P.C., P.S. Jani, district Meerut.

(2.) THE prosecution story in brief is that that F.I.R. of this case has been lodged by Rohit Kumar on 10.4.2006 at 4.30 a.m. in respect of the incident which had occurred on 10.4.2005 at about 2.30 a.m. It is alleged that the alleged occurrence was committed by six unknown miscreants alleging therein that in the night of 9/10.4.2006 at about 2.30 a.m. six miscreants armed with country made pistol at the Kolhu of the deceased they made query from the labourer in the location of the deceased. THEreafter they came near the deceased caused five or six fire arm injuries on his person, the miscreants were identified in the generator light. THEreafter, the F.I.R. has been lodged. During investigation the name of the applicant has been disclosed by the witnesses. According to the post mortem examination report, the deceased had received 10 ante mortem injuries.

(3.) CONSIDERING the facts and that the F.I.R. has been promptly lodged in the same night of the occurrence within two hours, the name of the applicant has been disclosed on the same day by the witnesses, applicant has been properly identified by two witnesses at the pointing out of the applicant S.B.B.L. gun has been recovered and there is the evidence of extra judicial confession and the applicant is having criminal antecedent and after considering the facts and circumstances of the case and the submission made by the learned counsel for the parties, without expressing any opinion on the merits of the case, the applicant is not entitled for bail. The prayer for bail is refused. Accordingly this bail application is rejected.