- (1.) This is the first bail application on behalf of the accused-applicant Rizwan involved in case crime no.444 of 2009 under sections 147, 148, 149, 302, 504, 506 I.P.C. and 7 Criminal Law Amendment Act pertaining to police station Ramgarh, district Firozabad. Heard Sri Viresh Misra, learned senior advocate assisted by Sri Amit Misra, learned counsel for the applicant, Sri B.B. Dubey, learned counsel for the complainant, learned A.G.A. for the State on 24.5.2010 and have gone through the records and bail rejection order. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case. He had no motive to commit the crime. Motive was alleged only against co-accused Babloo, as Babloo suspected that the deceased Amir had an evil eye on his sister Razia @ Rajjo. It was contended that it was co-accused Babloo, who is alleged to have called the deceased from his house and took him to his own house where Amir was murdered. It was submitted that co-accused Kafil Bhatti Wala and Shadab Mulla have been exonerated by the police and during investigation six more persons were implicated by the investigating officer as accused. It was further submitted that the alleged eyewitnesses had no occasion to be at the place of occurrence and were merely chance witnesses.
(2.) Learned A.G.A. and learned counsel for the complainant submitted that all the accused are closely related to one another. Babloo suspected that the deceased Amir had an evil eye on his unmarried sister Razia alias Rajjo. On 15.10.2009 at about 4:30 p.m., Babloo came to the house of the complainant and took away Amir with him on the pretext of having some work and told the complainant that Amir would be back within 15 - 20 minutes. When Amir did not return for quite sometime, the complainant along with his brother Asif reached Babloo's house and saw that in a room bolted from inside, accused Babloo, Rizwan, Suleman, Kafil Bhatti Wala and Shadab Mulla were hurling abuses on Amir. All the accused were armed with pistols and tamanchas and all of them fired at Amir. When the complainant and his brother raised alarm, all the accused went away brandishing their weapons. Amir died on spot. F.I.R. was lodged on the same day at 6:45 p.m. It was further submitted that the deceased sustained five firearm wounds of entry and four firearm wounds of exit. A 9 m.m. pistol, made in U.S.A., was recovered from the possession of the applicant whereas, two empty cartridges of 9 m.m. were recovered from the place of occurrence. It was submitted that the version given in the F.I.R. was correct, but the investigating officer tried to sabotage the case and exonerated Kafil Bhatti Wala and Shadab Mulla and falsely implicated six persons, who were not named in the F.I.R. It was contended that the statement of complainant has been recorded by the trial court in which he has stuck to his first version given in the F.I.R.
(3.) Applicant is named in the F.I.R., which is prompt. The statement of the complainant, recorded before the trial court, is in consonance with the F.I.R. The prosecution version is supported by postmortem report.;