Heard Sri Ajeet Kumar Singh Solanki, learned counsel for the applicant, leaned A.G.A. for the State of U.P. Sri Ramashish Pandey and Sri Devesh Vikram, learned counsel for the complainant.
It is contended by the learned counsel for the applicant that the F.I.R. of this case has been lodged by Smt.Swaran Lata on 15.5.2009 at about 2.00 a.m. in respect of the incident which had occurred in the night of 14/15.5.2009 at about 12 O' Clock. The applicant and two other co-accused persons are named but during investigation the name of the accused Dharmendra also come into light. The alleged occurrence has taken place on a roof in the night hours, admittedly nobody has seen the manner in which the deceased Sumit sustained injuries, because the first informant and other co- accused persons came at the place of occurrence by that time, the deceased had sustained injury, he was lying in a pool of blood, it is alleged that the applicant and two other co-accused persons were seen, who were armed with country made pistol and lathi, two unknown persons were also there, who was having country made pistol, it is specifically alleged that the co-accused used lathi blow causing injury on the persons of Dinesh Chandra, husband of the first informant, thereafter the co-accused Sumit Narain Kori caused gun shot injury on his person, the applicant did not cause any injury on the persons of Dinesh Chandra Gupta and it has not been specified as to whose shot hit the deceased because according to the post mortem examination report, the deceased has sustained gun shot wound of entry, and two abraded contusions, the case of the applicant is distinguishable with the case of other co-accused, the naming of the applicant is after thought.
In reply to the above contention it is submitted by the learned A.G.A. and the learned counsel for the complainant that the applicant was seen immediately after the murder of the deceased, he was present in the company of other co-accused, who caused injury on the person of the injured Dinesh Chandra Gupta, there is no reason of his false implication.
Considering the submissions made by the learned counsel for the applicant, learned A.G.A. and the learned counsel for the complainant and after perusing the 2 record, it appears that the deceased has sustained one gun shot wound of entry, it has not been specified as to whose shot hit the deceased, the applicant did not cause any injury to the injured also, his case is distinguishable with the case of other co-accused persons, He is in jail since 17.5.2009. He is having no criminal antecedent. Let the applicant Mool Chandra Kori involved in case crime no.109 of 2009 under Sections 147,148,149,307,302 I.P.C., P.S. Bidhuna District Auraiya be released on bail on his furnishing a personal bond and heavy sureties to the satisfaction of the Court concerned with the condition.
That the applicant shall not tamper with the evidence.
That he shall report to the court of C.J.M. concerned in the first week of each month to show his good conduct and behaviour till conclusion of the trial. In case of default in any of the above mentioned conditions, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.
Dated: 22.1.2010 NA/