- (1.) This bail application has been moved on behalf of the applicant Randheer Singh who is involved in case crime No.331 of 2012 under sections 302 , 420, 467, 468, 471 IPC, P.S. Bahjoe, District Sambhal.
(2.) I have heard learned counsel for the parties and perused the records. It has been submitted from the side of the applicant that he is in jail since 3.9.2012. It has further been submitted that he is innocent and has committed no offence. It has also been submitted that the applicant lodged an FIR with the police of P.S.Bahjoe, Moradabd on 22.4.2011 against Prem Pal, Pappu, Ram Prasad (now deceased) and Smt. Sarvati which was registered there at case crime No.147 of 2011 under sections 304-B,302, 498-A, IPC and 3/4D.P.Act. It has further been submitted that the present FIR has been lodged as a counter blast to the FIR lodged by the applicant against the deceased and his family members. It has also been submitted that from perusal of the 'Tahriri Report' it is evident that there is a difference on material points in the 'Tahriri Report' and the matter transcribed on the back of the chik FIR. In this continuation it has further been submitted that it is a night incident and the complainant Satya Pal has himself mentioned in the FIR that they had seen the applicant and the co-accused from behind. It has also been submitted that the investigating officer of the case found that nomination of Tomad and Chandrapal in the FIR was false and that is why he submitted a report under section 169 Cr.P.C. in favour of the two accused persons. It has further been submitted that the co-accused Rajesh has been enlarged on bail.
(3.) The bail application has been vehemently opposed by the learned AGA. He stated that the applicant has been assigned specific role of firing upon the deceased. But the learned AGA and the investigating officer of the case did not have any explanation for the difference in the 'Tahriri Report' and the transcription appearing on the back of the chik FIR.;