PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed by the applicant Pratap Singh with a prayer that he may be released on bail in Case Crime No. 221 of 2005, under sections 307, 302, and 323, LP.C., P.S. Chhata, District Mathuri.

(2.) The prosecution story, in brief is that the F.I.R. of this case has been lodged by Gulab Singh on 26.11.2005 at 6.15 p.m. in respect of the incident which had occurred on 26.11.2005 at about 5.30 p.m., the police station was at a distance of about 1 km. from the alleged place of the occurrence, the alleged occurrence had taken place on National High Way No. 2. It is alleged that there was a dispute between the family members of the first informant and co-accused Samay Singh and others, this litigation is pending in which one Balbir Singh the brother of the first informant was detained in District Jail Mathura since 19.11.2005. On the day of the alleged occurrence at about 5.30 p.m. the first informant and his brother the deceased Netrapal Singh were going on one motorcycle which was driven by the first informant and on the second motorcycle Sardar Singh and the deceased Raghuvir Singh were going which was driven by Sardar Singh. The applicant and other co-accused persons came on a Jeep Marshall No. H.R. 08-5517 and gun shot injury was caused from the back side on the person of the deceased Netrapal Singh. Consequently the balance of the motorcycle was disturbed which fell down. In the mean time, the applicant and other co-accused persons dashed the motorcycle which was fallen down and the second motorcycle which was driven by Sardar Singh was dashed with the Jeep. Thereafter the Jeep of the accused persons also gone into a pit which could not move further, leaving the same the accused persons ran away from the fields. The deceased Netrapal Singh died instantaneously. To save the life of the deceased, Raghuvir Singh, he was taken to Mangla Hospital, Kashi where he was struggling for his life. The dead body of the deceased, two motorcycles and Jeep of the accused persons were lying on the spot. The first informant and Sardar Singh had also sustained injuries. Subsequently the deceased Raghuvir Singh succumbed to his injuries in Safdarganj Hospital, New Delhi on 4.12.2005 at 6.45 a.m. According to the post-mortem examination report he had received injuries and there was a fracture of the ribs. The nature of the injuries shows that all the injuries were caused on account of dashing by the Jeep and medical examination report of the deceased Netrapal Singh shows that he had received five ante-mortem injuries in which injury No. 1 was firearm wound of entry, injury No. 2 was contusion, injury Nos. 3, 4 and 5 were abrasions. The medical examination report of the injured Sardar Singh shows that he had received three injuries in which injury No. 1 was contused swelling on the right side head, injury Nos. 2 and 3 were abraded swelling. The medical examination report of Gulab Singh shows that he had also received three injuries in which injury No. 1 was contused swelling injury No. 2 was a liver abrasion and injury No. 3 was abrasion.

(3.) Heard Sri Rajul Bhargava, learned Counsel for the applicant and learned A.G.A. for the State of U.P.