Ramesh vs State of U.P.

B.K. Rathi, J.—The applicant Ramesh seeks bail in Case Crime No. 835 of 1999, under Sections 307, 302, I.P.C. police station Kotwali Hapur, district Ghaziabad.

I have heard Sri Gopal Chaturvedi and Sri D. K. Dewan, learned Counsel for the applicant. Sri D. N. Wali, learned Counsel for the complainant and the learned A.G.A.

The F.I.R. of the incident was lodged by Pradeep Kumar on 28.10.1999 at 10.15 p.m. According to which, he and Mahipal, the deceased of this case, who is his real uncle were going on motor cycle to village Kasmabad, about 8.45 p.m. the applicant along with two other accused were waiting at the railway crossing. All of them made indiscriminate firing causing injuries to Mahipal. It is further mentioned in the F.I.R. the Mahipal was taken to Khan Nursing Home, Hapur, immediately where he is getting treatment and is admitted.

The contention of the learned Counsel for the applicant is that the victim has a criminal history and received injuries in some incident. It is contended that on 28.10.1999 at 8 p.m. Rampal, Manager of Rishav Cold Storage, Pilakhuwa, was lootted in which the victim received injuries and the applicant has been falsely implicated and the case has been concocted.

The learned Counsel in support of the argument has referred to the allegation made in the F.I.R. wherein it is mentioned that Mahipal injured is admitted in Khan Nursing Home and is getting treatment. That not only this after the case was registered, the investigation was taken up and the I.O. reached at Khan Nursing Home where the victims were being treated and recorded their statements. The statement of Mahipal, victim of this case and Pradeep Kumar according to the case diary, were recorded in the Khan Nursing Home. It is contended that all this evidence is falsely created and the injured were never taken to nursing home nor were treated there. That the complainant had no information regarding it. That the victim after being injured was taken to M. Prakash Nursing Home by police where he was admitted on 11.50 p.m. on 28.10.1999 and the injuries were examined there. There Mahipal, victim of this case informed that he received injuries at 9 p.m. on 28.10.1999. It is contended that the time of the incident is 8.45 and he did not state that the accused persons fired at him.

Prosecution has filed counter-affidavit, in which it is mentioned that the victim was taken to Khan Nursing Home where first aid was given and he was then shifted to M. Prakash Nursing Home, Meerut. A letter written by Dr. Khan of Khan Nursing Home to the incharge of police station Hapur, has been filed, which shows that the victim was brought to Khan Nursing Home by the police at 10.30 p.m. and was shifted to M. Prakash Nursing Home, Meerut, after first aid. Another letter has been produced, which is Annexure C.A. 2, according to which the injuries were not examined at Khan Nursing Home. It is contended that the injuries of the victim were not examined at Khan Nursing Home and even if it is accepted for arguments'' sake that he was taken to Khan Nursing Home, he was taken by the police and not by the complainant and for a very short time. That, therefore, there is no question of recording the statement at Khan Nursing Home by the I.O. after registration of the case. The victim reached at M. Prakash Nursing Home, Meerut at 11.50 p.m.

Considering the circumstances of the case and without expressing any opinion on merits of the case, the applicant is entitled to bail.

Let the applicant Ramesh, involved in Case Crime No. 835 of 1999, under Sections 307, 302, I.P.C. police station Kotwali Hapur, district Ghaziabad, be released on bail on his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate concerned.