Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11734 of 2019 Applicant :- Kishanpal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Mishra,Ajay Kumar Srivastava,Pankaj Sharma,Prashant Sharma,Shivangi Bhargava Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The F.I.R. version is that on 17.01.2019 there was marriage ceremony of daughter of one Bablu. The informant's wife Kusum, daughter Sibani, Raj Kumari, Rajwati, Rusham, Somwati had also gone to attend the wedding. At the time of 'Jaimala' at about 11.00 A.M. some unknown persons fired shots by country-made pistol and guns, which hit Kusum on her head and she died later. Subsequently it has come on record that Rusham wife of Om Prakash also died.
The Post Mortem Report of Kusum wife of informant-Phool Singh mentions ante mortem injuries as caused by multiple firearm entry wound present in area of 18 cm x 15 cm on right side of fore head and face frontal bone fracture present, right parietal bone fracture. It also mentions several small metallic pellets recovered from cranial cavity.
The post mortem report of Rusham wife of Om Prakash also mentions ante mortem injury multiple firearm entry would present in area of 23 cm x 13 cm on right side of fore head and face frontal bone fracture present, right parietal bone fracture. A few small metallic pellets have been recovered from cranial cavity.
It is also seen that on the information received from police informers the applicant-accused was arrested by police when he was going with one other person, who had disclosed his name as Jasveer. One licensed revolver 32 bore No.F.J 08811, which had four live cartridges in side and two empty cartridges were recovered from the possession of the applicant. From the other person whose name was given as Jasveer one country-made pistol 12 bore with empty cartridges and one live cartridge 12 bore was recovered.
It is also seen that injured witnesses Sibani, Rajkumari, Rajwati, Rusham and Somwati have named the applicant-accused Kishanpal Singh as person carrying licensed revolver.
The submission of the learned counsel for the applicant is that injuries sustained by the deceased could not have been caused by revolver.
The bail application has been opposed by learned A.G.A. who submits that the applicant-accused has been identified by injured witnesses. Recovery of licensed revolver with four live cartridges and two empty cartridges has also been made from him. Two persons have died in the incident.
Prima facie without expressing any opinion on the merits of the trial, in my opinion, no case for bail is made out.
Bail application is accordingly rejected. Order Date :- 25.9.2019 Asha