- (1.) The criminal misc. (second) bail application no. 18285 of 2012 has been moved on behalf of Subhash Rai, criminal misc. first bail application no. 17817 of 2011 has been rejected by this court on 19.12.2011 after considering the merits of the case, the criminal misc. first bail application no. 24219 of 2012 has been moved on behalf of the applicant Chandan Badai and criminal misc. first bail application no. 26282 of 2011 has been moved on behalf of Pramod Gaur. All the bail applications are connected arising out of case crime no. 220 of 2011 under sections 147,148,149,302,307,504,452 and 120-B I.P.C. and section 3(2)V of S.C./S.T. Act and 7 Criminal Law Amendment Act and 25/27 of the Arms Act P.S. Raunapar district Azamgarh with a prayer that the applicants should be released on bail in the above mentioned case, therefore, all the three bail applications are being disposed of by a common order.
(2.) The facts in brief of this case are that the FIR has been lodged by Smt. Andhi Devi at P.S. Raunapar on 5.4.2011 at 10.05 a.m. in respect of the incident allegedly occurred on 4.4.2011 at about 11.00 p.m. it has been lodged against 7 persons including the applicant alleging therein that Makoon Chandra, husband of the first informant, was murdered on 17.4.2010 by the applicant Chandan Badai, applicant Pramod Gaur, Manoj Srivastava and Brijendra Rai @ Pintu son of the applicant Subhash Rai, on account of old enmity in which the co-accused Brijendra Rai was in jail. The other persons were released on bail on 11.1.2011. The accused persons of the above mentioned cases, who were released on bail, developed the pressure to enter into a compromise, on non entering into the compromise they extended threat of life and hurled abuse of caste. The applicant Chandan Badai and Manoj Srivastava were challaned, even then they extended threat of life on the earlier date fixed in the court. She had gone to attend the proceedings of the court along with her Jeth Guddu, threat was extended by the co-accused Brijendra Rai and his associates in case she did not enter into compromise, she will have to face dire consequences. On 4.4.2011 the first informant was chatting with her mother- in law- at her house, her father in law Achchay Lal was sleeping in Madhai, the applicant Chandan Badai, applicant Pramod Gaur and the co-accused Manoj Srivastava @ Chunnan Rai co-accused Brijendra @ Pintu, co-accused Praduman Rai, co-accused Subhash Rai armed with weapons came there and hurled abuses and overpowered the deceased. The applicant Chandan Badai, applicant Pramod Gaur, the co-accused Brijendra @Pintu, Praduman Rai and Subhash Rai came on the spot and the accused Manoj Srivastava @ Chunnan Srivastava caused gun shot injury on the temporal region. The accused persons by discharging the shot and fled away towards Siwan.
(3.) It is contended by the learned counsel for the applicants that only role of overpowering the deceased has been attributed to the applicants and no role of causing injury to the deceased has been assigned to the applicants, it has been attributed to the co-accused Manoj @ Chunnan Srivastava, the co-accused Pintu Rai @ Ajai Rai and Duddhu Rai @ Yogendra Rai have been released on bail by this court on 26.9.2011, the case of the applicants is based on the same footing with the case of the above mentioned co-accused in the earlier murder of Makoon Chand, husband of the first informant. No role of causing injury was assigned to the applicants, the role of exhortation was assigned to the applicant Chandan Badai, the same role was assigned to Pramod Gaur and the applicant Subhash Rai was not an accused in the earlier case, the prosecution story is highly improbable, therefore, the applicants may be released on bail.;