- (1.) THE present bail application has been moved on behalf of accused-applicant-Sajid for enlarging him on bail in Case Crime No. 606 of 2010, under Sections 147, 148, 149, 307 302 I.P.C. and SEction 7 Criminal Law Amendment Act, P.S. Kotwali Nagar, District Bulandshhar.
(2.) HEARD learned counsel for the accused applicant, the counsel for the complainant, learned A.G.A. for the State and perused the record. The prosecution case, in brief, is that the first information report was lodged by Nadeem Husain in police station Kotwali Nagar, Bulandshahr on 2.8.2010 at about 4.15 p.m. alleging that on 2.8.2010 at about 3.30 p.m. the informant alongwith his elder brother Iftkhar Husain and cousin Zahid were going towards Upar Kot from Bulandhahar Kutchery. As soon as they reached near PANI KI TANKI in Upar Kot, Ahsan, Rijwan, Furkan, Appu @ Dilshad, Naushad, Sona @ Imran, Aasif, Rashid and Sadab surrounded their motorcycles alongwith fire arms in their hands. They all opened fire on them due to which Iftkhar died on the spot. Informant Zahid also received injuries and some passers by also hit by the bullets fired by them. On this a case under Sections 147, 148, 149, 308 and 302 I.P.C. and Section 7 Criminal Law Amendment Act was registered. The counsel for the accused applicant has submitted that in this case three co-accused persons namely Rizwan @ Gotar, Dilshad @ Appu and Irshad @ Dilshad have been granted bail by another Bench of this Court; that the case of the accused applicant is similar to that of aforesaid co-accused persons; that the accused applicant has been falsely implicated in this case due to previous enmity in regard to some land; that the accused applicant had no motive to commit the crime in question; that this incident occurred on the crowded place but the witnesses are only the brothers and cousins of the deceased; that the deceased was killed by some unknown persons; that the prosecution has not been able to make it clear as to which weapon was in the hand of which accused and whose shot hit the deceased and other injured persons so the accused applicant should be enlarged on bail.
(3.) ON the other hand, the counsel for the complainant and A.G.A. have opposed the prayer for bail and have submitted that it is a broad day light murder committed inside the Abadi of City of Bulandshahar and in this shootout, one person namely Iftikhar was shot dead on the spot and three persons namely Zahid, Nadim and Manju got fire arms injury; that the bail granted to co- accused persons have been granted on the ground of false plea of alibi; that the deceased received 14 injuries out of which seven are fire arm wounds of entry, two are contusions and abrasions and rest are wounds of exit; that the accused applicant was also one of the accused person in the murder of one Mohsin which was committed in the year 2010 and this accused applicant is also the accused in the case of Sections 307, 504 and 506 I.P.C. registered at case crime no.349 of 2010 at P.S. Kotwali Nagar, District Bhlandshahar and that case was a case of murderous of assault on the deceased by the accused applicant and others so the accused applicant should not be enlarged on bail.;