YOGENDRA Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Gaurav Kakkar, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Viresh Mishra, Senior Advocate, assisted by Amit Misra, learned counsel for the complainant and the perused the record. This bail application has been filed by the applicant Yogendra with a prayer that he may be released on bail in case crime No.70 of 2009, under Sections 302 & 307 I.P.C., P.S. Binauli, District Baghpat.

(2.) The facts, in brief, of this case are that a telephonic message was given to police station Binauli on 7/3/2009 at about 4.00 a.m. by unknown person that gunshot injury was caused on the person of Ghanshyam Sharma and others, on that information, the officer in-charge of police station Binauli proceeded towards the place of occurrence, the detailed FIR of this case has been lodged by Jagpal Sharma on 7.3.2009 at 5.30 a.m. in respect of the incident which had occurred on 7.3.2009 at about 2.30 a.m., the, distance of the police station was about 4 kms, the applicant, co-accused Ghanshyam, co-accused Rajendra, accused Jai Prakash are named in the FIR as accused. It is alleged that co-accused Ghanshyam Sharma, caused injury on the person of the Mangey Ram and others. In the night of 6-7.3.2009 at about 1.00 a.m., co-accused Ghanshyam gave a telephonic massage on mobile phone to Jaiveer, the brother of the first informant that his brother Krishna Pal has taken his daughter to some where, on that information, the first informant, Jaiveer and Mangey Ram went to the house of the co-accused Ghanshyam, they also went to the village Jauhadi and Binauli in search of Krishna Pal Sharma and Km. Pinki but they could not trace out, then they returned to village at about 2.30 a.m. But one Chhote Singh, Chaman Singh Jai brought the motor cycle of Krishna Pal, then the first informant and other made inquiry from the house of Ghanshyam, the applicant co-accused Ghanshyam, co-accused Rajendra and co- accused Jai Prakash discharged the shots, consequently, Mangey Ram; Jaiveer, first informant and Chhotey sustained gun shot injuries, Chhotey died instantaneously on the spot, thereafter, Mangey Ram also succumbed to his injuries.

(3.) According to the post-mortem examination report, the deceased Chhotey had sustained gun shot wound of entry 2 cm x 1.5 cm x cavity deep over right side chest, the blackening was present around the neck, on dissection a single bullet was discovered. The deceased Mangey Ram had sustained gun shot wound of entry on left side chest, blackening was present under neath, 8th rib was fractured. The injured Jaiveer Sharma was medically examined on 7/3/2009, he had sustained a sucking wound in the left axillary area, having the blackening of edges and there was a blackening and tattooing over forehead with redness of both eyes, in x-ray report of fracture of 3rd and 4th ribs of left side was found, on operation, foreign body was seen. The first informant Jagat Pal Sharma was medically examined on 7.3.2009, he has sustained wound of entry on left cheek with blackening of margin, it was having tattooing also, on operation, the fracture of mandible was found and metallic bullet was also recovered.