Bhura vs State of U.P.

Ravindra Singh, J.—This application has been filed by the applicant Bhura with a prayer that he may be released on bail in case crime No. 75 of 2006 under section 302 I.P.C. P.S. Surir, district Mathura.

Heard Sri Nikhil Kumar, learned Counsel for the applicant, and the learned A.G.A. for the State of U.P.

From the perusal of the record, it appears that in this case F.I.R. has been lodged by Kanhaiya Singh on 8.8.2006 in respect of the incident which had occurred on 8.8.2006 at about 11.30 a.m., the applicant and 7 other co accused persons are named in the F.I.R., the distance of the police station was about 15 k.m. from the alleged place of occurrence. It is alleged that the deceased on 8.8.2006 was going to a temple to hear the Ramayana, when he was on the way, two motorcycle borne miscreants including the applicant, who were armed with country made pistol, came there and intercepted the deceased and discharged the shot upon the deceased consequently, the deceased sustained injuries and ran towards the field to save his life. He was chased by the applicant and other coaccused persons and they fell down, the gun shot injuries were caused on the temporal region, consequently he died instantaneously, due to indiscriminate firing done by the applicant and other coaccused persons, the people who were working in the field left the place to save their lives and a panic was created. According to the postmortem examination report, the deceased has sustained 3 ante mortem injuries, in which injury No. 1 was fire arm wound of entry, its exit wound was injury No. 2, injury No. 3 was firearm wound of entry, the F.I.R. has been promptly lodged and during investigation it has been specifically alleged by the witnesses that the shot discharged by the applicant and coaccused Hriom caused injury on the person of the deceased, therefore, the case of the applicant is distinguishable with the case of the coaccused Banti, who has been released on bail by this Court on 21.11.2007 in Criminal Misc. Bail application No. 2540 of 2007, the trial of the applicant is in progress, the applicant is not entitled for bail. The prayer for bail is refused.

However, it is directed that the proceedings of the trial shall be expedited without granting unnecessary adjournments to either of the parties.

With this direction this application is finally disposed of.