LAWS(ALL)-2008-5-27

KAMAL SINGH Vs. STATE OF U P

Decided On May 19, 2008
KAMAL SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) SHIV Shanker, J. This first bail application has been moved on behalf of applicant Kamal Singh in Case Crime No. 443 of 2007, under sections 147, 148, 149, 302, IPC P. S. Kotwali, Kayamganj, district Farrukhabad.

(2.) HEARD Sri Sant Sharan Upadhyaya, learned Counsel appearing on behalf of applicant, S/sri Amit Kumar Singh and P. B. Verma, learned Counsel appearing on behalf of complainant and learned A. G A. as well as perused the record.

(3.) SEVEN persons including the pres ent applicant have been named in the FIR and two fire arm injuries were found on the dead body of deceased. The role of all the seven accused persons has been attributed to make firing upon the body of deceased and it has not been specified anywhere as to whose shots were hit on the body of deceased. Therefore, five among seven per sons had not caused any injury on the body of deceased. This incident had taken place on 1. 6f2007 at 6. 30 p. m. while the FIR was lodged by the informant who is sala of de ceased on 1. 6. 2007 at 8 p. m. after covering distance of one and half kilometres. There fore, it was not lodged promptly while the informant was allegedly present with the deceased. Bail of co- accused Ram Kishan has already been granted by Hon. S. S. Kul-shrestha J. , vide its order dated 9. 10. 2007 passed in Criminal Misc. Bail Application No. 23245/2007 on the following grounds: "that seven persons have been nomi nated in the FIR for opening fire from the lethal weapons but the victim sustained only two fire arm injuries. It is not ascertainable as to who caused those injuries. Looking to the facts and circumstances of the case, the accused-applicant de serves bail. "