MANOJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Manoj Kumar with a prayer that he may be released on bail in Case Crime No. 407 of 2006 under Sections 304 and 338, I.P.C., P.S. Indira Puram, district Ghaziabad.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Babu Singh on 18.8.2006 at 8.30 a.m. in respect of the incident which had occurred on 18.8.2006 at about 6.00 a.m., the distance of police station was about ten kilometers from the alleged place of occurrence. THE F.I.R. has been lodged against two persons including the applicant. It is said that on 18.8.2006 at about 6.00 a.m. the applicant and co-accused came at the house of the first informant by Tata Safari No. D.L.3 C-AF 1079 and taken to the deceased at the pretext of some work, they met the witnesses Prem Singh and Pramod in the way who were told by the deceased that he was being taken by the applicant and other co-accused persons but after covering the distance of about ten meters, they heard the sound of firing and shouting made by the deceased from the vehicle, then the witnesses Prem Singh and Pramod ran towards the vehicle but the said vehicle was taken towards the N.O.I.D.A., it was chased by the witnesses to the Metro hospital, N.O.I.D.A. where they found the vehicle and the dead body of the deceased but the applicant and other co-accused fled away therefrom. According to medical examination report, the deceased Pravesh was brought to the hospital in a dead condition by accused Shiv Kumar on 18.8.2006. According to post mortem examination report deceased had received gun shot wound of entry on outer aspect of right thigh having its exit wound and gun shot wound of entry on right side of scrotum and a bullet was recovered from it. Smt. Poonam, the wife of co-accused Manoj Kumar was also admitted in the same hospital on 18.8.2006 at 7.45 a.m. by her husband co-accused Manoj Kumar, she had also received gun shot entry.

(3.) IN reply of the above contentions, it is submitted by learned A.G.A. and learned counsel for the complainant that F.I.R. of this case has been promptly lodged, the dead body of the deceased and vehicle in which the deceased was killed were found in the hospital, the alleged occurrence was witnessed by two witnesses. The statement of Smt. Poonam, wife of co-accused Manoj Kumar was recorded under Section 161, Cr. P.C., according to her statement the injuries were caused on her person by her husband when he was snatching the country-made pistol. It is further contended that deceased and wife of co-accused Manoj Kumar is of the same time which shows that both have received injury in the same incident, but the wife of the co-accused Manoj Kumar had tried to give a different colour. The prosecution story is fully corroborated by the medical evidence, therefore, the applicant is not entitled for bail.