MOHD HASEEM FARUQ Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by Mohd. Haseem Faruq with a prayer that he may be released on bail in Case Crime No. 125 of 2006 under Sections 302 and 120B, I.P.C, P.S. Ubhaon, district Ballia.

(2.) THE prosecution story in brief is that F.I.R. of this case has been lodged by Mohd. Zafar Shafiq on 28.7.2006 at 10.30 p.m., in respect of the incident which had occurred on 28.7.2006 at about 9.15 p.m. THE applicant is named in F.I.R. as accused whereas two accused were unknown. It is alleged that applicant and two other co-accused persons came on a motorcycle, he asked the deceased to stop the motorcycle, thereafter the applicant discharged a shot by the country made pistol from a close range, which hit the deceased, consequently he fell down. THEreafter the second miscreants caused gun shot injury on the left side chest of the deceased. THE first informant made hue and cry then the people came on the place of occurrence and saw the incident. After committing the alleged offence the applicant and other co-accused persons fled away by their motorcycle. THE deceased was having litigation with Haseem Faruq. After receiving injuries the deceased died on the spot. According to the post mortem examination report, the deceased had received four gun shot injuries.

(3.) IN reply to the above contention, it is submitted by learned counsel for the applicant that active role of causing injury is assigned to the applicant, he is father-in-law of the deceased. The prosecution story is fully corroborated by the medical evidence, the F.I.R. was promptly lodged. The plea of the alibi shall be considered at the stage of the trial. The applicant is the main accused, he was having strong motive, in case the applicant is released on bail, he shall tamper with the evidence.