HARI SHANKER Vs. STATE O

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicant Hari Shanker with a prayer that he may be released on bail in case crime No. 110 of 2007 under sections 147, 148, 149 and 302 IPC P. S. Todi Fetehpur District Jhansi.

(2.) THE fact of the case in brief are that the FIR of this case has been lodged by Dal Chand on 12. 3. 2007 at 10. 30 a. m. in respect of the incident which had occurred on 12. 3. 2007 at about 7. 20 a. m. against the applicant and 9 other co-accused persons, it is al'eged that the deceased Lakh Chand, had gone to attend the call of nature on 12. 3. 2007 at 7. 12 a. m. , he was sitting in the field of Matadeen for easing, in the meantime, the applicant, co-accused Hira Lal, Sewa Ram, Himmat Singh, Lalu Virendra, Pushpendra, Kuldeep, Suresh and Kailash armed with gun came there by that time, the deceased came back after easing, the shots were discharged at him by the applicant and other co-accused persons, the alleged incident was witnessed by Ambika and Dashrath after sustaining the gun shot injury the deceased died instantaneously, according to the post-mortem examination report, the deceased has sustained six ante-mortem injuries, in which injury No. 1 was gun shot wound of entry having its exit wounds, injury No. 2 was gun shot wound of entry having its exit wound, injury No. 3 was gun shot wound of entry, injury No. 4 was multiple lacerated wound, injury No. 5 was lacerated wound, injury No. 6 was abrasion, one bullet and 12 pellets were extracted from the body of the deceased.

(3.) IN reply to the above contention it is submitted by the learned A. G. A. that the statement of Dal Chand has been recorded who clearly stated that the applicant and other persons discharged shots and the alleged incident was witnessed by Ambika and Dashrath and other persons, on account of old enmity, they have committed the murder of the deceased. It is further contended that first the statement of Ambika has been recorded in which he disclosed the name of the applicant, and the witness Dashrath has been interrogated who also made rpecific allegation against the applicant that the applicant discharged shot towards the deceased, the FIR of this case has been promptly lodged, it is the day light incident, there was strong motive for the applicant to commit the alleged offence, in case the applicant is released on bail, he shall, tamper with the evidence, the bail application of the applicant and the co-accused Hira Lal, Sewa Ram and Himmat have been rejected by another of this Court on 9. 7. 2007 in criminal misc. bail application 14806 of 2007, therefore the applicant may not be released on bail.