- (1.) B. P. Singh, J. Heard Sari P. N. Lal, learned counsel for the applicant and the learned A. G. A.
(2.) THE applicant Kalyan is being prosecuted for commiting the offences under Sections 147, 148, 149. 302, I. P. C. and Section 27 of the Indian Arms Act, P. S. Sehramau South, district Shahjahanpur. According to the F. I. R. version, which was lodged by Chhotey Singh on 21-S-1990 at 8-30 a. m. at Police Station, Sehramau, Kalyan and five others armed with file-arms and kantas raided the house of Bhajannu and had caused injuries to Bhajannu and his family members. The result was that Bhajannu, his wife Smt. Guddi and his neice Sundari died while Bijendra, Munni and Meera sustained injuries from arms and kanta. It appears that the first informant Chhotey Singh and one eye-witness Suresh have filed affidavits before the learned Magistrate in which they have categorically stated that the applicant Kalyan was not among the assailants and he was named in the F. I. R. by Chhotey Singh under mistaken belief that he was among the miscreants. It was also contended that there was no kanta injury upon the person of the deceased or the injured. No specific weapon was assigned to any one of the named persons in the F. I. R. It was also contended that only Suresh and Chhotey Singh were said to be carrying torches with them and there was no other source of light according to the recital of the F. I. R.
(3.) WHERE the first informant, who is the real brother of the deceased, goes back from the stand which was taken in the F. I. R. : where the witnesses who were carrying torches have filed affidavits disowning the involvement of the applicant in the crime in question and where the deceased and the injured did not sustain any kanta injuries although some of the miscreants "were armed with kanta, a case for bail is made out. However, it is made clear that these obser vations shall have no bearing upon the learned Judgs, who will decide tlic ease finally. Let the applicant Kalyan son of Hira involved in Case Crime No. 119 of 1990 under Sections 147/148/149/302, I. P. C. and Section 27 of the Indian Arms Act, P. S. Sehramau South, district Shahjahanpur, be released on bail provided he furnishes a personal bond and two sureties to the satisfaction of C. J. M. Shahjahanpur. Bail application allowed. .;