BRIJENDRA Vs. STATE O

JUDGEMENT

(1.) RAVINDRA Singh, J. This bail application has been filed by the applicant Brijendra with a prayer that he may be released on bail in case crime No. 5/19 of 2007 under sections 302 IPC and section 3 (2) (5) SC/st Act, P. S. Jhinjhana, District Muzaffarnagar.

(2.) THE facts in brief of this case are that the FIR has been lodged by Brijpal on 13. 1. 2007 at 8. 45 A. M. in respect of the incident which had occurred on 13. 1,2007 at about 5. 00 A. M. THE distance of the police station concerned was about six kilometers from the alleged place of occurrence, the applicant and co-accused Ramfal and two unknown miscreants allegedly committed the offence. It is alleged that the deceased Pushpendra @ Pinki and his cousin Sub-hash had gone to the place of occurrence on 13. 1. 2007 at about 5. 00 A. M. for irrigation purpose, when they reached near the crasher, the applicant, co-accused Ramfal and two unknown miscreants, after having some conversation with the deceased, the applicant and co-accused Ramfal discharged the shots by their country made pistols, consequently the deceased sustained injuries, thereafter he fell down. THE co-accused persons discharged the shots towards the witness Subhash also but he escaped successfully towards the village from where the villagers Jai Kumar, Sat-veer and Vikram and other villagers came at the place of occurrence, at that time all the four co-accused persons including, the applicant were setting the deceased on fire after pouring the oil. According to the post mortem examination report the deceased has sustained one fire arm wound of the entry and superfluous to deep burn injuries on all over the body except below both the knees joints. THE applicant applied for bail before the learned Additional Sessions Judge, FTC-I, Muzaffarnagar who rejected the same on 4. 12. 2007, being aggrieved from the order dated 4. 12. 2007 the applicant has moved the present bail application.

(3.) THE alleged occurrence had taken place in the dark hours of night, in the morning the dead body was found, thereafter the FIR has been lodged only on the basis of doubt and suspicion. THE applicant has been falsely implicated.