HARI OM Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli ­cation has been filed by Dr. Hari Om with a prayer that he may be released on bail in case Crime No. 89 of 2006 under sections 323, 324, 325, 326 and 308, IPC, P.S. Fatehabad, district Agra.

(2.) .The fact in brief of this case are that the F.I.R. has been lodged by Sri Deoki Nandan Sharma on 4.7.2006 at 5.05 p.m. in respect of the incident which had occurred on 30.6.2006 at about. 4.00 p.m. against the applicant and three other co -accused per ­sons alleging therein that on account of old enmity the applicant and three other co -accused persons who were armed with country made pistol, farsa, Sariya and lathi attacked on the injured. The applicant was armed with Farsa, co -accused Rajaram was armed with pistol, co -accused Subhas was armed with lathi and co -accused Mahesh was armed with sariya. The attack was made at the exhortation of the applicant. The injured Ram Ji Lal Sharma svistained the grievous injury, the condition became very serious, he was taken to S.N. Medical Collage, Agra where his medical treatment was done, thereafter the first informant went to the police station and lodged the F.I.R. According to the medical examina ­tion report the injured has sustained six injuries in which injury No. 1 was incised wound on the left side of parietcil region, injury No. 2 was also incised wound on the occipital region, injury Nos. 3, 4, 5 and 6 were lacerated wounds. Injuries No. 1 and 2 were caused by sharp edge weapon.

(3.) IT is contended by learned Counsel for the applicant that in the present case the F.I.R. is delayed by four days, there is no plausible explanation of delay in lodging the F.I.R. According to the prosecution version the applicant was armed with Farsa, the co -accused persons were armed with country made pistol, Lathi and Sariya. But according to the medical examination report the injury No. 6 was grievous in nature. It has not been caused by the appli ­cant because it is a lacerated wound. There is no motive or intention to the applicant to commit the alleged offence. The injured has been discharged from the hospital in a sat ­isfactory condition even on the basis of the allegation made against the applicant no offence under sections 308 and 326 IPC is made out, at the most offence under section 324 IPC is made out. The applicant is a re ­spectable person, he is having no criminal antecedent, he is innocent, he has been falsely implicated in the present case on account of the old enmity with the first informant. He is in jail since 17.7.2007.