Case called out in the revised list.
The present bail application has been filed for enlarging the accused applicant on bail in Case Crime No.247 of 2009, under Sections 302, 394, 506, 34, 411 and 120-B IPC, Police station Hussainganj, District Fatehpur.
Heard the learned counsel for the accused applicant as well as the learned A.G.A. and perused the record.
It is contended as per version in the first information report deceased Aniruddh Tiwari alias Annu Tiwari , younger brother of the informant was coming on motor cycle along with Daya Shankar Awasthi was coming to home when the accused applicant along with other accused armed with lathi and tamancha started beating Aniruddh Tiwari alias Annu Tiwari with lathi. They fell down from the motor cycle and ran away to save their lives making noise for their rescue. On this the accused applicant fired with country made pistol which hit the deceased who died instantaneously. There is minor variations and contradictions in the version of the first information report and the statements of witnesses recorded under section 161 Cr.P.C., but it is conceded that in the FIR as well as in the statements under section 161, specific role of firing has been assigned to the present accused applicant. The post mortem report also discloses firearm injury on the person of the injured Aniruddh Tiwari alias Annu Tiwari which resulted in his death. However, on account of minor variations and contradictions as has been developed during investigation, the accused applicant is still to be cross-examined and veracity of his statements has to be assessed.
So far as the accused applicant is concerned, consistently in the first information report as well as statements of the witnesses under section 161 Cr.P.C., specific role of causing firearm injury has been assigned to the present accused applicant and the firearm injury is found on the person of the deceased. As such, at this stage I do not think it to be a fit case for grant of bail to the accused applicant, Girdhari Lodh.
The bail application is, therefore, rejected.
Order Date :- 31.8.2012 SC