RAVI YADAV Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J.- This is the first bail application moved on behalf of the applicant (accused) Ravi Yadav s/o Rajveer Singh @ Raju in case crime No. 42 of 2006, under Sections 307 and 302 I. P. C. , P. S. Kotwali Sikandra Rau, District Hathras.

(2.) BRIEF facts of this case according to F. I. R. is that Abhishek s/o Virendra Vashney, first informant and his father were sitting on their shop on 27-1-2006 as usual at about 11. 30 a. m. Accused person Ravi Yadav armed with rifle and his two companions armed with gun and country-made pistol reached at the shop of first informant and all the three assailants opened fire upon them. Consequently, father of the first informant sustained fire-arm injuries on his left side chest. They fled away from the place of occurrence. Accused Ravi Yadav is the relative of Smt. Veena Yadav w/o Suresh Yadav. There was enmity between first party and Veena Yadav regarding shop, due to this reason she got murdered the deceased by Ravi Yadav and his two other companions. First information report was lodged by him on 31-1-2006 at 11. 45 a. m. against above three accused persons.

(3.) THIS occurrence had allegedly taken place on 27-1-2006 at about 11. 30 a. m. and F. I. R. was lodged by first informant on 31-1-2006 at 11. 45 a. m. Therefore, it was lodged after four days of the alleged occurrence. It has been specifically mentioned in the F. I. R. that the condition of his father due to sustaining fire-arm injuries has become more serious. Therefore, he had proceeded alongwith his father for his treatment to Aligarh Medical College. He was operated two times. After improving the condition of his father, he went to the police station and lodged the report. Therefore, first option is that the injured or deceased should be taken to the hospital for his treatment. Later on F. I. R. be lodged in this regard.