UMA SHANKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) PRAYER for bail in this application under section 439 of the Code of Criminal Procedure (in short 'the Cr.P.C'.), has been made on be­half of applicant Uma Shankar s/o Kalka, in Case Crime No. 220 of 2008, under sec­tions 147, 148. 149, 307 and 302, IPC, P.S. Kotwali Kalpi, District Jalaun.

(2.) AN FIR (Annexure-1) was lodged on 18.8.2008 at 10.20 a.m. by Smt. Usha Devi, wife of the deceased Rana Sudhir at P.S. Kotwali Kalpi (Jalaun), against Uma Shankar (applicant herein), Hari Shankar, Bal Singh, Jeer Singh, Sone Lal and Kishan Bihari. Shorn of unnecessary details, the allegations made in the FIR, in brief, are that the accused persons caused marpeet by means of kulhari and fired from country made pistols, thereby causing injuries to Rana Sudhir and Ramesh Chandra on 17.8.2008 at about 8.30 p.m. at the house of Gaya Prasad, situated in village Devkali. It is also alleged that after committing the murder of Rana Sudhir, his died body was thrown in Yamuna river, which was recov­ered under Kalpi Bridge on the bank of Yamuna.

(3.) THE first and foremost submission made by learned Counsel for the applicant was that in addition to the applicant Umashankar, other accused also are said to have fired on the deceased Rana Sudhir as per FIR version, and no specific role of causing injuries to the deceased has been attributed in the FIR to the applicant. It was also submitted in this context by learned Counsel that at the time of post mortem examination, only one ante mortem firearm wound of entry having its corresponding exit wound was found on the person of deceased and hence on this ground, the applicant should be released on bail, be­cause it cannot be said that he alone was the author of ante mortem firearm injury sustained by the deceased.