NITIN KASANA Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicant Nitin Kasana with a prayer the he may be released on bail in Case Crime No. 202 of 2006, under Sections 302,307 I. P. C. , Police Station Medical College, District Meerut.

(2.) THE prosecution story, in brief, is that the F. I. R. of this case has been lodged by Rajeev Kumar on 27-6- 2006 at 12. 50 p. m. at Police Station Medical College, Meerut against the applicant, co-accused Neeraj Malik and one unknown miscreant in respect of the incident which had occurred on 22-6-2006 at about 11. 30 a. m. in the campus of Meerut University, the distance of the Police Station was about 2 kms. From the alleged place of the occurrence. It is alleged that on 27-6-2006 at about 11. 30 a. m. , the first informant and his brother deceased Sanjeev were coming out from Dr. R. K. Singh Hostel, when they reached at the main gate of the Hostel, saw that one unknown miscreant having Pulser Motorcycle No. U. P.-15 Y-9052 in a starting condition which was parked there, the applicant and co-accused Neeraj Malik were also standing thereunder the Porch. THE applicant and co-accused were having annoyance with the deceased on account of University, politics, it was told by the deceased to the first informant prior to alleged incident. THE applicant and co-accused Neeraj Malik made exhortation to commit the murder of the deceased and a shot discharged by the co-accused Neeraj Malik hit on the chest of the deceased. Consequently he fell down. the applicant discharged a shot by a country made pistol towards the first informant but he did not receive any injury. After committing the murder, the applicant and co- accused persons escaped from the place of the occurrence. THEy were chased by the first informant and other inmates of the hostel but all the three miscreants showing "their country made pistols successfully ran away from the place of the occurrence. THE deceased was taken to Lokpriya Hospital where he was declared dead. THEre after the F. I. R. of this case has been lodged. According to the post-mortem examination report, the deceased had received one gun shot wound of entry on right side front of chest, blackening around the wound was found, its exit wound was injury No. 2.

(3.) IN reply of the above contentions, it is submitted by the learned A. G. A. and learned Counsel for the complainant that a student had been murdered in the University campus at the main gate of its hostel, the applicant was also actively involved in the commission of the alleged offence because the applicant, co- accused Neeraj and one unknown miscreant were waiting at the gale of the hostel the arrival of the deceased and they were having motor-cycle in a starting condition and after committing the alleged offence, the applicant and two other accused persons fled away from the place of occurrence by showing their weapons. The applicant was very well known to the first informant and other witnesses, the generally students do not know the father's name and the address of the other students, the identity of the applicant is not disputed. The applicant was not student of the Meerut University, he was student of N. A. S. College, Meerut, which was about 4 kms. away from the University campus, his arrival at the University campus having a country made pistol and discharging a shot towards the first informant clearly shows that he was having a strong motive and intention to commit the murder of the deceased and the gravity of the offence is too much because due to this incident, a panic was created in the University campus, the atmosphere of fear and terror was created, the students were not daring to enter into the campus. Due to this incident, the students agitated and whole of the city was tensed. The problem of law and order was created in the whole of the city Meerut, the local police was trying to control the tense situation of the city and made an attempt to arrest the applicant and other co-accused persons. IN order to arrest the co-accused Neeraj, the police went to his house where the police constable was shot dead by the applicant and father of the co-accused Neeraj, in that incident the father of the co-accused Neeraj Malik was also shot dead. IN such situation, the applicant should not be released on bail.