Ganesh @ Kanja Pasi vs State of U.P

Saroj Bala, J.—This is an application for bail moved on behalf of the applicant Ganesh @ Kanja Pasi arraigned in Case Crime No.356 of 2005, under Sections 147,148,149,302,201,286 IPC and u/s 7 Criminal Law Amendment Act, P.S.Dhumanganj, District Allahabad.

Heard Shri Deepak Dubey, learned counsel for the applicant, learned A.G.A. and have perused the record.

On 7.12.2005 at abut 12 p.m. the applicant and co-accused are said to have mounted murderous assault on informant''s husband by opening fire and throwing bombs. The victim died on the way to the hospital. The post-mortem certificate indicates the presence of eighteen injuries out of which injury Nos. 1,2 and 3 are firearm wound of entry and rest of the injuries are lacerated wounds, contusions and abrasions. Three metallic bullets were recovered from injury Nos. 1,2 and 3. The death was caused due to shock and haemorrhage as a result of ante-mortem injuries-firearm.

Learned counsel for the applicant submitted that the applicant is alleged to have mounted murderous assault on the victim by throwing bomb. The learned counsel pointed out that the death was not caused due to injuries caused by bomb blast. The learned counsel pointed out that police information sheet (paper No.34 of paper book) indicates that the victim was admitted in the hospital on 7.3.2005 at 7.05 p.m. as unknown person whereas the first information report was lodged at 5.25 p.m. Learned counsel inviting my attention to the said document submitted that the victim was brought dead in the hospital. The learned counsel pointed out that the police information sheet as well as entry in the G.D.No. 11 dated 7.12.2005 at 7.40 p.m. indicates that the victim was taken to the hospital by C.P.Mangala Singh which belies the presence of witnesses at the spot. The learned counsel submitted that the police information sheet and G.D. entry indicate that the parentage and residential address of the victim was unknown. The learned counsel submitted that no recovery of empty cartridges or splinters was made from the side of the road, where the applicant and co-accused are said to have been lying in wait for the victim and attacked him by firing shots and throwing bombs.

The learned A.G.A. argued that the applicant is named in the first information report and specific role of throwing bombs at the victim has been assigned to him. The learned counsel pointed out that bomb blast injuries have been found on the person of the deceased. The learned counsel argued that the applicant having participated in the commission of offence and having caused the injuries to the deceased is not entitled to bail.

I have taken into consideration the submissions advanced on behalf of both the sides.

Accordance to the Post-mortem Certificate, the death was caused due to shock and haemorrhage as a result of ante-mortem injuries caused by firearm. The recovery of three bullets was made from injury Nos. 1,2 and 3. The applicant is alleged to have mounted assault by throwing bomb.

In view of these facts, I consider it to be a fit case for bail.

Let the applicant Ganesh @ Kanja Pasi be enlarged on bail in case Crime No.356 of 2005, under Sections 147,148,149,302,201,286 IPC and 7 Criminal Law Amendment Act, P.S.Dhumanganj District Allahabad, subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.