RAM NIWAS Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

(2.) By means of this application, the applicant who is involved in Case Crime No. 204 of 2015, under Section 147, 148, 149, 302 & 394 I.P.C., P.S.- Mirzapur, District- Shahjahanpur, is seeking enlargement on bail during the trial.

(3.) It is submitted by learned counsel for the applicant that as per the F.I.R. allegations, six accused including the applicant Ram Niwas had fired at the deceased. The postmortem report of the deceased indicates four firearm injuries. One Nirbhan Singh examined during the investigation as eye witness of the occurrence, stated that co-accused Rinku had snatched the rifle from the applicant and thereafter shot at him repeatedly. In view of the above, the role of the applicant stands clearly distinguishable from that of co-accused Rinku as the eye witness has not attributed the role of firing at the deceased to him. It is further submitted that the applicant who has no criminal antecedents to his credit and is in jail since 24.09.2015, is entitled to be enlarged on bail.