HARENDRA Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicant Harendra with a prayer that he may be released on bail in Case Crime No. 614 of 2005, under Sections 302/34/504 I. P. C. , P. S. Ramala, District Bagpat.

(2.) THE prosecution story, in brief, is that the F. I. R. of this case has been lodged by Sanjeev Kumar at Police Station Ramala on 6-4-2005 at 10. 50 a. m. in respect of the incident which had occurred on 6-4- 2005 at 9. 30 a. m. THE distance of the Police Station from the alleged place of occurrence was about 4 kl. mts. THE F. I. R. has been lodged against the applicant and co-accused Om Prakash and Hari Prakash @ Bhuriya. It is alleged that at the time of the alleged occurrence, the deceased Peru Singh, the father of the First Informant was standing on the floor of his house. THE applicant and co-accused came there hurleding the abuses and by saying that the deceased be made Pradhan prior to its election and his arms were caught by the co-accused Om Prakash and Kavindra, thereafter the applicant caused injury on the chest of the deceased from a closed range by a 315 bore country made pistol and second shot was also discharged by co-accused Hari Prakash which did not hit the deceased but hit the wall. THE alleged occurrence was witnessed by Prem Chandra, Lokendra, Ajay, Mahipal, Naresh, Satpal and Smt. Santresh. THE First Informant and other witnesses made hue and cry and try to apprehend the miscreants but all the four accused persons discharged shots and extended the threat. Consequently, they could not be apprehended and the atmosphere of panic was developed due to fear and terror the people closed their doors. THEreafter leaving the dead-body at the place of the occurrence, the First Informant went to the Police Station to lodge the F. I. R. According to the post-mortem examination report the deceased had received one ante-mortem gun shot wound of entry and its exit wound, the entry wound was having blackening.

(3.) IN reply to the above contentions, the learned A. G. A. and learned Counsel for the complainant submit that the applicant and other co-accused persons have committed the murder of the deceased at a broad day light at about 9. 30 a. m. on 6-4-2005 at the door of the house of the deceased in a cruel manner and the F. I. R. of this case has been promptly lodged on the same day at 10. 50 a. m. after covering the distance of about 4 kl. mts. The alleged occurrence has been witnessed by independent persons and the applicant was having a strong motive to commit the alleged offence. The applicant is the main accused of this case and the prosecution story is fully corroborated by the medical evidence because the deceased had sustained one gun shot wound of entry having its exit wound, the wound of entry was having the blackening. It shows that the injury was caused as alleged by the prosecution. IN case the applicant is released on bail, he may tamper with the evidence. Therefore he may not be released on bail.