JUDGEMENT
Narendra Kumar Johari, J. -
(1.)Heard learned counsel for the accused-applicant, learned counsel for the informant and learned A.G.A. for the State-respondents.
(2.)This bail application has been filed by the accused-applicant Suresh Kumar Chaturvedi, who is involved in Case Crime No. 26/2021, under Sec. 147, 148, 149, 307, 302, 504, 506 IPC and Sec. 7 of Criminal Law Amendment Act, 1932, Police Station, Dostpur, District Sultanpur.
(3.)It is submitted by learned counsel for the applicant that in FIR the role of applicant has been assigned only for exhortation and then after that to open fire on the persons of informant side. It has also been shown that the role of firing has also been assigned to co-accused Manoj, Dheeraj and Laxmikant. Specifically in FIR, it has been mentioned that co-accused Laxmikant fired on head part of deceased Indra Prakash Tripathi. In the statement of witness Manish Tewari, it has also been mentioned that co-accused Laxmikant has fired on head part of victim Indra Prakash Tripathi. Applicant along with co-accused Dheeraj and Manoj were also opened fire on the persons of victim. Almost same statements have been given by Om Prakash Tewari, Sripati, Ravindra Kumar Tewari and Rajendra Kumar Tewari, who are injured eye witnesses of occurrence. Postmortem report indicates that deceased Indra Prakash Tewari had received four injuries on his body as antemortem injury. It has been shown that injury no. 4 is lacerated injury of entry wound over parietal bone of deceased. Apart from that one lacerated wound injury has been found on the elbow, one lacerated wound injury of entry and exit on wrist and palm portion of the deceased. The cause of death has been shown as antemortem firearm injury. Learned counsel for the applicant further submitted that the injury no. 2, which is of wrist and palm portion, cannot be fatal. However, injury no. 4, which has been found on the parietal bone part of head of the deceased, is a fatal injury whereas it has been shown that co-accused Laxmikant has fired on the head portion of deceased Indra Prakash Tewari. It is further submitted that another injury of entry and exit wound on wrist and arm portion on deceased although is not fatal but it has not been shown that, who has provided firearm injury either applicant or co-accused Dheeraj or Manoj, who were alleged in FIR that they were also opened fire on the persons of informant side. None other except Indra Prakash Tripathi has received any firearm injury. It is next submitted that applicant is suffering from oral cancer, which is on last stage as he had undergone three operations already and the applicant is in terminal stage. The detail regarding his illness has been mentioned in para nos. 18 and 19 of the affidavit which is annexed in support of bail application. Charge sheet has already been submitted. The applicant is not in condition to flee from justice. It is also submitted that in case, applicant is released on bail, he will not misuse the liberty of bail as well as manage his treatment and cooperate in the trial. The applicant is in jail since 22.3.2021and the trial may take some time for its final disposal, therefore, the applicant be released on bail.
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