RAVINDRA SINGH,J. - (1.) HEARD Sri Mahipal Singh and Sri Gaurav Pundir, learned counsel for the applicant and learned A.G.A.
(2.) THIS bail application has been filed by the applicant Mahendra with a prayer that he may be released on bail in case crime No. 731 of 2009 under section 147, 148, 149, 302 IPC, P.S. Siwala Kala, District Bijnor. It is contended by learned counsel for the applicant that the FIR of this case has been lodged by the Dharm Singh at P.S. Siwala Kala on 11.10.2009 at 11.35 P.M. in respect of the alleged incident dated 11.10.2009 occurred at about 9.00 P.M. The distance of the police station was about eight kilometers from the alleged place of occurrence. The applicant and seven other co-accused are named in the FIR. The fIR is ante timed. The alleged occurrence had taken place in the dark hour of night, on account of he ill will of the first informant because against the brother of the first informant namely Amar Singh the FIR was lodged by the co-accused Mahesh Chandra in respect of the Maarpit. According to the FIR itself on hearing the sound of firing the first informant and other witnesses came to the place of occurrence, they saw the applicant and other co-accused persons who were surrounded the deceased Amar Singh and Chandere. The applicant and co-accused Pappu @ Patram were armed with country made pistol, co-accused Kailash was armed with gun, co-accused Mahesh armed with rifle and remaining co-accused persons were armed with Lathi and danda. According to the FIR the applicant and co-accused Pappu @ Patram discharged the shots towards the deceased Amar Singh who sustained injuries, after sustaining injuries he fell down in courtyard thereafter co-accused Babloo and Umesh caused injuries by using lathi and danda blows. On person of the other deceased Chandere the co-accused Mahesh, Kailash caused injuries by their guns and the co-accused Madan, Chhuttan and Pitamber caused injury on his person by using the lathi and danda blows consequently both the deceased persons namely Amar Singh and Chandere died instantaneously. Both the deceased have been killed in side the house of the applicant. It shows that the alleged occurrence has taken place in some other manner not as alleged by the prosecution. According to the post mortem examination report the deceased Amar Singh had sustained gun shot wound of the entry over lower part of the front of the chest, its exit wound was injury No. 3. The next injury was gun shot wound of entry over back of the left side. He had sustained multiple abrasion over face of left side in area of 8x5 Cm. The deceased Chandere had sustained eleven ante mortem injuries in which injury No. 1 was lacerated wound, injuries No. 2,3,4,7,8,9,10 and 11 were abrasions, injury NO. 5 was abraded contusion and injury No. 3 was contusion. The presence of the witnesses at the place of occurrence was highly doubtful because there was no scope to the first informant and other witnesses to witness the alleged incident. The accused persons are living in their separate houses. The applicant,co-accused Pappu @ Patram, Babloo and Umesh are the real brothers. The house of the deceased Amar Singh was closed to the place of occurrence i.e. house of the applicant. The house of the first informant was far away from the place of occurrence. The applicant is not having any criminal antecedent, he may be released on bail.
(3.) IN reply of the above contention, it is submitted by learned A.G.A. that it is a double murder case, both the deceased have been killed in side the house of the applicant. Specific role of causing the gun shot injury is attributed to the applicant and co-accused Pappu @ Patram. It has been specifically alleged that shot discharged by them caused injury on person of Amar Singh. The post mortem examination report is fully supporting the prosecution version. The FIR has been promptly lodged. In case the applicant is released on bail, he may temper with the evidence, therefore, he may not be released on bail.;