Lala Ram v. State of U.P.

Court No. - 45

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3770 of 2019

Applicant :- Lala Ram Opposite Party :- State Of U.P. Counsel for Applicant :- Prateek Sinha Counsel for Opposite Party :- G.A.

Hon'ble Harsh Kumar,J.

Counter affidavit filed by learned AGA today in the Court, is taken on record.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

Learned counsel for applicant contended that applicant has been falsely implicated for incident of 2:00 p.m. on 7.6.2018 due to village party bandi; that applicant neither fired at Ram Raees nor caused any fire arm injuries to him; that F.I.R. has been lodged upon information of Viresh, real culprit; that there are material contradictions in the statements of first informant and alleged eye witnesses; that after a period of one month on 6.7.2018, first informant moved an application to D.I.G., Moradabad with specific averments that he was not eye witness of incident and lodged F.I.R. dated 7.6.2018 against Lala Ram and Mukesh at the information of Viresh and Nem Singh @ Nem Pal, who were having enmity with co-accused Mukesh and now he has come to know that Nem Pal and Viresh had fired at his brother Ram Raees, resulting in his death; that real fact is that on 7.6.2018 at 2:00 p.m. Nem Pal and Viresh fired at applicant causing two fire arm injuries to him regarding which F.I.R. was lodged by father of applicant on 13.6.2018 at Case Crime No.369 of 2018 under section 307 IPC in which case, out of two culprits Nem Pal and Viresh, Nem Pal was bailed out on 7.8.2018; that subsequent thereto, first informant again changed his statement by making further improvements and narrated altogether a new story saying that on the day of incident applicant fired at Nem Pal and Viresh which accidentally hit Ram Raees on tractor; that even from latest statement of first informant dated 8.8.2018, applicant had no motive or intention to cause death of Ram Raees and did not intentionally cause any injury to deceased; that applicant may not be considered to be author of fire arm injuries of deceased; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 14.6.2018.