- (1.) Heard Sri Vikram D. Chauhan, learned counsel for the appellants Ram Singh, Babu Singh and Rajesh Singh, Sri Mahipal Singh and Sri Gaurav Pundeer, learned counsel for the appellants Bal Kishan, Mahesh, Jitendra and Tinku @ Rinku, learned A.G.A. for the State of U.P. , Sri Amit Kumar Srivastava, learned counsel for the complainant and perused the lower court record.
(2.) The appellants Ram Singh, Babu Singh and Rajesh Singh have preferred the Criminal Appeal No. 2955 of 2013 and the appellants Bal Kishan, Mahesh, Jitendra and Tinku @ Rinku have preferred the Criminal Appeal No. 3023 of 2013 against the judgement and order dated 6.6.2013 passed by Special Judge (D.A.A.), Etah in S.T. No. 816 of 2007 whereby the appellant have been convicted for the offence punishable under sections 147, 148, 302/149 IPC. All the appellants have moved their bail applications in their respective appeals with a prayer that they may be released on bail during the pendency of their appeals.
(3.) Having heard learned counsel for the appellants, learned A.G.A. for the State of U.P., learned counsel for the complainant and from perusing the lower court record it reveals that FIR of this case has been lodged on 25.6.2007 at 2.30 A.M. in respect of the incident allegedly occurred on 24.6.2007 at about 6.30 P.M., the distance of the police station was nine kilometres from the alleged place of the incident. All the appellants are named in the FIR. The FIR has been lodged under section 396 IPC but in the present case the charge sheet has been submitted against the appellants under sections 147, 148, 149, 302 IPC and the charge was framed under sections 147, 148, 302/149 IPC but subsequently the charge under section 396 IPC was also framed. In the present case two person have been killed. According to the post mortem examination of the deceased Girija Shanker he had sustained four ante mortem injuries, in which injury No. 1 was fire arm wound of entry over left side face and cheek and injuries no. 2,3 and 4 were abrasions over right elbow and right knee and left foot respectively. The post mortem examination report of the deceased Suresh shows that he had sustained five ante mortem injuries in which injuries 1,3 and 5 were fire arm wound of entry, the injuries No. 2 and 4 were fire arm wounds of exit, one tikli and eight witnesses have been examined in which P.W. 1 Megh Singh, P.W. 2 Virendra have been examined as eye witnesses. The statement of the appellants have been recorded under section 313 Cr.P.C. and from the side of the defence D.W. 1 Lal Singh has been examined. According to the FIR version on 24.6.2007 at 6.30 P.M. the first informant, Shailendra Singh, Dhirendra Singh, Sobaran Singh,deceased Suresh and deceased Girija Shanker were returning after attending the field, they were on three motorcycles in which the first motorcycle was driven by the deceased Suresh was running ahead, as soon as they reached near the bridge of Bagvaas where all the appellants were already sitting watching them, they used the robe, consequently the motorcycle driven by the deceased Suresh was fell down. The deceased Girija Shanker also fell down, they were over powered by all the accused persons. Their hands were tied by the rob and they were taken towards the Ganga river by beating them using the butt of the fire arms. After stopping the motorcycle first informant and other persons also chased them. The miscreants fired towards them also. They became terrified and fell down in a pit. They saw that marpeet occurred between the deceased persons and the miscreants, thereafter they were killed. They taken away the golden chain, three golden rings and rupees of the deceased Suresh. According to the deposition of P.W. 1 Megh Singh, the appellant Ram Singh caused gun shot injury to deceased Girija Shanker and the appellants Mahesh, Jitendra, Rajesh caused gun shot injuries to Suresh. The deceased Girija Shanker had sustained fire arm wounds of entry having two exit wound. But no looted propery has been recovered from the appellants. In such circumstances, the appellants Ram Singh, Mahesh, Jitendra and Rajesh, they allegedly caused fire arm injuries are not entitled for bail, their prayer for bail is refused, but it has not been specifically alleged that the appellants Bal Kishan, Babu Singh and Tinku @ Rinku caused injuries to the deceased persons, they are entitled for bail.;