Heard learned counsel for the applicant and learned Additional Government Advocate.
It is argued by the learned counsel for the applicant that the other co-accused Vinod Kumar Singh alias Bhadoria, who is said to have fired on the deceased Dr. O.P. Chhimpa has been granted bail by order of Hon'ble B.N. Shukla, J dated 14.5.2009 and another co-accused Ajay Saxena has been granted bail by order of Hon'ble Rajesh Chandra, J on 16.6.2009. So far as the applicant is concerned, it was mentioned in the FIR, which was lodged by Rajendra Kumar, that on the date of incident, i.e. on 8/9.8.2008 at about 3.00 a.m. two persons came to him and indulged in Marpeet with him and the two of them then took the applicant to the CMO's house and he also went up the gate. The two persons assaulted the CMO on his face with stones and when the informant ran out, he heard a shot being fired. The deadbody was lying in the room. In his second statement under section 161 Cr.P.C., dated 10.8.2008 the complainant Rajendra Kumar also assigned the role to the applicant also of having assaulting the deceased with a stone. It is argued by the learned counsel for the applicant that the said statement is highly belated and suspicious and that within two hours i.e. on 9.8.2008 at 5.10 AM, the police took the applicant for medical examination and there were a number of lacerated wounds on his head and the applicant himself was beaten by the other co-accused persons hence he could not have participated in the incident.
Learned AGA argued that the applicant had criminal antecedents and he used to be scolded by the doctor and hence he had committed this murder. Learned counsel for the applicant replied that in the earlier case in which he was implicated, he has been acquittted.
Having considered the submissions of the parties and without expressing any opinion on the merits of the case, let the applicant- Gopi Shankar, involved in case crime No. 296 of 2008, under sections 302/452/380/201/411/34 IPC, police station Civil Lines, district Etawah, 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.
Order Date :- 4.2.2010 Ishrat