MANSOOR AHMAD Vs. STATE OF U.P.

JUDGEMENT

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

(2.) Learned counsel for the applicant submits that initially the FIR was lodged under section 147, 148 and 307 IPC against son of Mahtab, Golu, Chhamman, Haseen, Mansoor Ahmad @ Tappa (applicant), Tipu and others making general allegation of firing. In this incident father of informant namely Mohd. Shahzade received gun shot injury. As per injury report only one gun shot injury has been found on the person of injured/deceased Mohd. Shahzade. The deceased died after 10 days of the alleged incident. In post-mortem report the cause of death of the deceased has been shown septicemic shock due to ante mortem fire arm injury (infection). It has further been submitted that in FIR it has been mentioned that the deceased sustained gun shot injury on his head and neck but at the time of medical examination only one gun shot injury has been found on his neck. During investigation the involvement of Tipu, Haseen, Aijaz and Badshah have been found false. Aijaz and Badshah were not named in the FIR. There is general allegation of firing against 4 persons including the applicant but it is not specified as to whose fire hit the deceased. There is general allegation against the applicant. No specific role has been assigned to him. It has further been submitted that nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. The criminal history of the applicant has been explained in para 17 of the affidavit filed in support of bail application. After this case the gangster case has also been slapped upon the applicant. The applicant is in jail since 2.1.2019.

(3.) Let the applicant Mansoor Ahmad @ Tappa involved in Case Crime No. 530 of 2018, under Section 147, 148, 302 IPC, P.S. Khuldabad, District Allahabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: