STATE OF U P Vs. J B SINGH

JUDGEMENT

(1.) Aamir, son of Taslim, resident of Mohalla- Jakir Husain Colony (near Moti Maszid) Ikbal Nagar, Police? Station Kharkhaunda, District Meerut is before this Court seeking release on bail in Case Crime No. 93 of 2017, under section 147, 148, 149, 307, 302, 504, 506, 326 I.P.C., P.S. Kharkhaunda, District -Meerut.

(2.) Heard Shri J.B. Singh, learned counsel for the applicant, Shri Swetashwa Agarwal, learned counsel for the first informant, Shri R.K. Mishra, learned Additional Government Advocate for the State and perused the record.

(3.) Learned counsel for the applicant has submitted that though it is stated that applicant along with six others caused injuries with lathi, danda sariya, but, the allegations are general in nature, as it is not specified that with what weapon the applicant was armed and to whom he caused the injuries. He has further submitted that even the first informant Abrar Aalam and injured witnesses, namely, Mehraj Aalam and Shahid have not specified the role of assailants except of co-accused Abid and Javed, about whom they have stated that single gun shot wound to Junaid was caused by Abid and, similarly, single gun shot wound to Bilal was caused by Javed. He has further submitted that though injured Mehraj Aalam has suffered 14 injuries and the other injured Sahid has suffered four injuries of hard and blunt object, however it is not clear as to who caused the said injuries to them and with which weapon. He has further submitted that co-accused Imran who is also said to have used fire arm has been granted bail by another Bench of this Court vide order dated 01.08.2017 in Criminal Misc. Bail Application No. 25588 of 2017. He has further submitted that the fire arm allegedly recovered on the pointing out of the applicant is not said to have been used by the applicant. It is also submitted that applicant who is lodged in jail since 12.02.2017 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant also undertakes that he will not misuse the liberty, if granted.