RAJU ALIAS RAJENDRA Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by one Raju alias Rajendra with a prayer that he may be released on bail in Case Crime No. 55 of 2006 under sections 147, 148, 149, 307, 302, I.P.C. P.S. South District Firozabad.

(2.) The prosecution story in brief is that the F.I.R. of this case has been lodged by Smt. Santosh Sharma on 23.2.2006 at 00.4Q a.m. in respect of the incident which had occurred on 22.2.2006 at about 10.30 p.m. The distance of the police station was about 11/2 k.m. from the alleged place of occurrence. The applicant and co-accused Pawan, co-accused Hari Om, co-accused Dabbu and co-accused Gopal are named in the F.I.R. it is alleged that the applicant and other co-accused persons who were armed with gun and country jnade pistols, raided the house of the first informant and started hurling abuses. At the exhortation of the co-accused Gopal, they discharged shots by the gun and country made pistols consequently, Lalit Sharma received gun shot injuries and five passers by also sustained gun shot injuries. They were taken to the hospital, but one of them namely Anoop Kumar Sharma succumbed to his injuries on 23.2.2000 at about 11.30 a.m. The medical examination report of the deceased Anoop Kumar shows that he had received multiple firearm wounds on both forearm and right arm and abdomen etc. The injured Lalit Kumar Sharma sustained three injuries caused by firearm. The injured Jameel sustained two firearm wounds of injuries. The injured Abdul Majid sustained three firearm wound of entry and one swelling and injured Anwar sustained firearm wound of entry.

(3.) Heard Sri Satish Trivedi, Senior Counsel assisted by Sri Arvind Agarwal, learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Anurag Pathak and Shashidhar Pandey, learned Counsel for the complainant.