SUDHIR GIRI Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed by the applicant Sudhir Giri with a prayer that he may be released on bail in Case Crime No. 7 of 2006 under Sections 147, 148, 149, 379 and 302, I.P.C., P.S. Singhawali Ahir district Baghpat.

(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by Manoj Kumar at P.S. Singhawali Ahir on 6.1.2006 at 12.15 p.m. in respect of the incident which had occurred on 6.1.2006 at about 10.15 a.m. It is alleged that the deceased Mannu Giri has to inaugurate a cricket match on 6.1.2006. For that purpose when he reached at the play ground, Aman Giri, Dhirendra Giri, Dr. Naresh Giri, Sudhir Giri and 2 unknown boys armed with country made pistol and revolver were also present there. THEy surrounded the deceased Mannu Giri and the deceased was shot dead by causing the firearm injuries. At that time Rakesh, Satya Prakash, Jai Prakash, Surendra and Jai Kumar were also present there, leaving the dead body of the deceased at the place of occurrence the first informant went to the police station to lodge the F.I.R.

(3.) IN reply of the above contention the learned A.G.A. submits that under some political pressure the statement of the witnesses were changed only to protect the interest of the accused persons. The alleged occurrence had taken place in broad day light. The applicant was having strong motive. The F.I.R. was promptly lodged. The prosecution story is fully corroborated by the post mortem examination report. The deceased had received 4 gunshot wounds of entry. IN case the applicant is released on bail he may tamper with the evidence, therefore, he may not be released on bail.