RAJESH @ KHARACHU BHARTI Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri Sanjay Shukla, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.

(2.) Heard Sri Surendra Mohan Mishra holding brief of Sri Ramesh Kumar Singh, learned counsel for the applicant, Sri Sanjay Shukla, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.

(3.) Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged against co-accused Vishal son of applicant. In FIR it has been mentioned that co-accused Vishal fired upon the deceased due to which he sustained gun shot injury and died during treatment in medical college. During investigation the informant moved an application on 19.8.2018 in which role of exhortation has been assigned to the applicant. It has further been submitted that in fact the applicant has no concern with the alleged incident. He has not caused any injury to the deceased. Only the role of exhortation has been assigned to the applicant. The applicant has not committed the alleged offence. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 24.8.2018.