FAISAL Vs. STATE O

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicant Faisal with the prayer that he may be released on bail in Case Crime No. 520 of 2007 under section 302 I. P. C. P. S. Mawana district Meerut.

(2.) THE facts of the case in brief are that the F. I. R. of this case has been lodged by Sri Lekh Raj Sachdeva, Advocate, on 9. 11. 2007 at 4. 30 p. m. in respect of the incident which had occurred on 8. 11. 2007 at 9. 00 p. m. alleging therein that the deceased Surendra Sachdeva had gone for a routine evening walk on 8. 11. 2007, at about 9. 00 p. m. somebody caused gun shot injury on his person in front of the house of Master Prakash Goel in Mohalla Hira Lal, on his shouting the nearby persons reached at the place of occurrence, who gave information to the first informant, thereafter, the deceased in an injured condition was taken to the Hope Nursing Home where his treatment was going on, but the deceased succumbed to his injuries in that hospital on 18. 11. 2007 at 4. 00 a. m. and on the same day, the post-mortem examination was conducted. According to the medical examination report, the deceased has sustained gun shot injury on his back. THE statement of the deceased was recorded under section 161 Cr. P. C. by the I. O. on 17. 11. 2007 who alleged that the applicant had caused gun shot injury on his person, because the applicant was teasing his niece, which was objected by the deceased. THE applicant applied for bail before the learned Sessions Judge, Meerut who rejected the same on 25. 1. 2008.

(3.) DURING investigation the I. O. recorded the statement of Baljeet and Gopal Singh under section 161 Cr. P. C. who were allegedly present at the time of recording the statement of the deceased Surendra Sachdeva. These witnesses are highly interested and partisan, they happen to be the clients of the first informant, the statement of Udaibir Saini was also recorded under section 161 Cr. P. C. on 19. 11. 2007 who stated that the applicant has discharged shot at the deceased, he was a chance witness and he is the servant of Kamal Singh Chauhan, who is the neighbour of the first informant, the applicant is innocent, he has not committed the alleged offence and he is not having any criminal antecedent. Therefore, he may be released on bail.