- (1.) THIS application has been moved on behalf of Rohtash alias Kala, the accused applicant aforesaid for seeking bail in case Crime No. 623 of 2008, under S.147, S.148,149, 307, 302, 120 - B IPC, P. S. Baghpat , District Baghpat.
(2.) AS per prosecution case and submissions of Ld. AGA, the accused applicant committed murder of Charan Singh and Guljari in the night of 26/08/2008 / 27/08/2008 at about 1 O' clock, thereby firing on them along with other co - accused persons witnessed by the complainant and other witnesses named Som Pal and Santosh Pal in the light of electricity. The deceased Charan Singh was the witness of an earlier occurrence alleged to have been occurred in the day time on the very same day i.e. on 26/08/2008 at 6.30 a.m. in which co - accused of this case named Manoj, Neeraj, Upendra, Satyapal @ Sonu and 3 other persons unknown had attempted to commit murder of Sachin, Ankur and Santosh thereby firing on them and inflicting injuries on the person of Sachin. The accused / applicant is hardened criminal having criminal history of 11 cases as is mentioned in the counter - affidavit on behalf of State. The learned counsel for the accused contended that in the alleged incident in the morning of the same day, the accused applicant has not been alleged as one of the assailant. In the postmortem report of deceased Guljari, the number of injuries have been shown as 1A, 1B, 2A, 2B, 3A and 3B while as per injury report, only three gun shot injuries have been found on his person. In the site plan prepared by investigating officer neither light of electricity nor any other source of light is shown. The brother of the complaint Som Pal deposed that he had not seen one of co - accused Sundar alias Surendra amongst the accused person and his name was informed to him by Shishpal. The other eye witnesses named Shispal and Harbinder Singh are not the eye witness of the occurrence as they are alleged the witness merely of this fact that they had witnessed Manoj, Surendra @ Sundar, Manoj Sharma, Upendra alias Chipku and Niraj talking with each other that Charan Singh should be eliminated. The accused applicant aforesaid has no motive or any kind of differences with the two deceased namely Charan Singh and Guljari and he was not a party even in the occurrence alleged to have been occurred in the day light. The real brother of the accused applicant aforesaid, Surendra @ Sunder the co - accused in this case was confined in Haryana Jail at the time of alleged occurrence and there is every possibility of false implication of the accused applicant aforesaid too in this case with his brother. The alleged criminal history of the accused applicant is very well explained and he remained on bail in all the cases against him falsely concocted. He has been acquitted too in three of the cases. Rest of the cases pending against the accused pertain to false implication of accused by the police merely for showing the kargujari by the police.
(3.) IN the light of contentions of both the parties, after perusing the record, I am of this view that no one should be refused bail merely on the ground of his criminal history, if he is found to be enlarged on bail otherwise in the case. In this case since Surendra @ Sunder the brother of the accused is found falsely implicated being in jail at the time of occurrence alleged and since the applicant remained not even involved in the earlier concurrence alleged to have been occurred in the morning in which the deceased of this case is said to have been the witness, therefore I find it a fit case in which accused applicant should be enlarged on bail. Therefore this bail application is hereby allowed.;