DEVI AND ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Sri Neel Mani Sharma, learned counsel filed Vakalatnama on behalf of complainant, be taken on record.

(2.) Heard learned counsel for the applicants, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.

(3.) Learned counsel for the applicants submits that there is cross version of the alleged incident. Two persons from side of the applicants have also sustained injuries and FIR from both sides have also been lodged. It is further argued that FIR of the alleged incident has been lodged against six persons including the applicants making general allegation. The injuries of the injured persons are simple in nature. In postmortem report 3 injuries have been found on the body of the deceased. Injury no. 3 is gun shot injury due to which the deceased died. In the confessional statement of co-accused Subhash it has come that the deceased sustained gun shot injury due to firing made by him. It is further argued that applicants have not caused any injury to the deceased. The applicants have falsely been implicated in this case. Nothing incriminating has been recovered from the possession of the applicants or on their pointing out. It has further been submitted that co-accused Prahlad has already been granted bail by this Court vide order dated 8.6.2016, therefore, the applicants are also entitled for bail. The applicants have no criminal history. The applicant no. 1 Devi is in jail since 13.3.2016 and the applicant no. 2 Surdndra is in jail since 3.5.2016.