RAM SAKAL YADAV CONSTABLE Vs. STATE O

JUDGEMENT

(1.) RAVINDRA Singh, J. The applicant Constable Ram Sakal Yadav and Constable Shiv Mohan Singh have moved the Criminal Misc. Bail Application No. 2714 of 2008 and Constable Sati Ram Chaurasia has moved the Criminal Misc. Bail Application No. 6375 of 2008 with a prayer that they may be released on bail in Case Crime No. 124-Aof 1996 under sections 147, 148, 149, 307, 302, 193 I. P. C. , P. S. Ali Nagar, District Chandauli. Both the applications are arisen out of the same case crime number, therefore, both the applications are being disposed of by a common order.

(2.) HEARD Sri Raghubir Singh and Sri S. R. Singh, learned Counsel for the applicant and learned A. G. A. for the State of U. P.

(3.) ACCORDING to the post-mortem examination report both the deceased has sustained gun shot injuries in which one of the injured was having blackening around the fire arm wound which shows that injury was caused from a closed range which belies the story of the police encounter at this stage. Therefore, it is not proper to appreciate the argument made by learned Counsel for the applicant that according to the police version the applicants were in the second party which was not discharging the shots upon the miscreants. The shots have been discharged by other persons but learned Counsel for the applicant has failed to show the criminal history of the deceased persons in such circumstances the applicants are not entitled for bail, therefore, the prayer for bail is refused.