MAHTAB @ KALLU Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Pankaj Bharti, learned counsel for applicant- Mahtab @ Kallu, Sri Atul Kumar, learned counsel for the informant, the learned A.G.A. for the State and perused the record.

(2.) Applicant seeks bail in Case Crime no. 566 of 2014, u/s 147, 148, 149, 302, 307, 120B, 504, 506 IPC, P.S. Budhana, District Muzaffar Nagar.

(3.) It is submitted that in the FIR, eleven persons were arraigned as accused, coupled with an allegation that the informant had come to know of the conspiracy two days prior to the occurrence, but only four persons were assigned a general role of causing three firearm injuries to the deceased Jabir, which according to the learned counsel for the applicant is a case of single shot, as injury no.1, i.e, gunshot entry wound 1.5 cm X 1 cm on the top of right side head, 12 cm above the right ear, blackening present around the wound with clinging of hair; injury no.2 a gunshot entry wound 4.5 cm X 4 cm on palmer surface of right hand between index & middle finger, both fingers are skin attached and fracture at the base of both fingers, blackening is present around the wound and injury no.3 an exit wound of 6 cm X 4 cm on planter surface (back) of index finger & middle finger joint, communicate with injury no.2. It is thus submitted that in the absence of any material to indicate as to who was the author of the aforesaid injury, which in fact was a case of single shot makes the prosecution case under grave suspect, which is not compatible with the ocular account. It is finally submitted that the applicant has no previous criminal history, nothing incriminating has been recovered from him, he claims to be languishing in jail since 8.3.2015, he be enlarged on bail.