Hon'ble A.K. Agarwal,J.
Heard Sri Jai Singh Parihar, learned counsel for the appellants, learned A.G.A. for the State of U.P. and perused the lower court record.
After considering the submission made by the learned counsel for the appellants, learned A.G.A. and from the perusal of the record it appears that that the F.I.R. of this case has been lodged by Sri Om on 17.12.2006 at 12.45 p.m. in respect of the incident allegedly occurred on 17.12.2006 at about 11.00 a.m. in which six persons namely Anil alias Sadhu, Sonu, Amar Chand, Shyam Varan, Veer Singh and Layak Singh were named as accused, after investigation the charge sheet has been submitted only against five accused persons, the charge sheet was not submitted against the co-accused Layak Singh, it is alleged that the accused Anil alias Sadhu was armed with gun, co-accused Sonu, Veer Singh, Shyam Varan were armed with country made pistol, the co-accused Amar Chand was armed with rifle. The co-accused Layak Singh was armed with D.B.B.L.Gun., it is alleged that all the co-accused persons discharged shots causing injury to the deceased.
According to the post mortem examination report the deceased had sustained 7 ante mortem injuries in which injury nos.1,3,5 and 6 were gun shot wound of entry, injury no.2, 4 and 7 were gun shot wound of exit, the dimension of injury nos. 1,2 and 6 was of the same nature i.e. 1 cm x 1 cm but the dimension of injury no.5 was similar as 1.5 cm x 1 cm x cavity deep but metallic bullet was recovered from injury nos. 1 and 5, remaining wounds of entry are of the same dimension.
In support of the prosecution version six witness have been examined and from the side of defence D.W. Har Narain has been examined. In this case two persons namely Anil alias Sadhu and Layak Singh were shown armed with gun. The allegation against both the accused has been made by the witness causing injury to the deceased, but the accused Layak Singh has not been charge sheeted by the I.O. and he has not been summoned by the trial court in exercise of the power conferred under section 319 Cr.P.C. In such circumstances, accused Anil alias Sadhu, whose case is based on the same footing with the case of Layak Singh is entitled for bail.
The other co-accused namely Sonu, Veer Singh, Amar Chand and Shyam Varan are not entitled for bail. Their prayer for bail is refused.
Let the appellant Anil alias Sadhu convicted in S.T. No.172 of 2007 under Sections 147,148,302/149 I.P.C. P.S. Karhal District Mainpuri be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
The realization of fine shall remain stayed during the pendency of the appeal.
Dt. 2.3..2012 NA