ABBAS Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicant Abbas with a prayer that he may be released on bail in Case Crime No. 59 of 2006, under Sections 302 and 506 I. P. C. , P. S. Cantt District Allahabad.

(2.) THE prosecution story, in brief, is that the F. I. R. of this case has been lodged by Hari Saran Yadav at P. S. Cantt on 22-6- 2006 at 9. 30 p. m. in respect of the incident which had occurred on 20-6-2006 at about 7. 00 or 8. 00 p. m. THE distance of the police station was about 4 kms from the alleged place of occurrence. THE F. I. R. has been lodged against the applicant Abbas alleging therein that on 20-6-2006 at about 7. 00 or 8. 00 O' clock the deceased Subhash Yadav was sitting at the door of his house, the applicant armed with lathi and pistol came there and used lathi blows on him, after receiving the injury he fell down, then the applicant discharged the shot on the person of deceased by country made pistol, which hit the on his stomach, he was taken to the hospital by the first informant, where he died on 21-6- 2006. According to the post-mortem examination report the deceased had received 9 ante-mortem injuries.

(3.) IN reply of the above contention the learned A. G. A. and the learned Counsel for the complainant submit that the specific role of causing injury is assigned to the applicant. The prosecution story is fully corroborated by the post-mortem examination report, which was having gunshot wound of entry and the injuries caused by hard and blunt object. The condition of the deceased was very serious. His father was busy in providing the proper medical aid to save his life, but unfortunately, he died in such a shocking condition, the first informant lodged the F. I. R. on 22-6-2006 at 9. 30 p. m. The first informant was the only male member in his family. The story published in the newspaper is having no relevance, because fire-arm injury and some other injuries were also present on the person of the deceased. The alleged occurrence had taken place in the heart of the city, the gravity of offence is too much, therefore, the applicant may not be released on bail.