- (1.) SUPPLEMENTARY affidavit filed by learned counsel for the complainant in the Court, is taken on record. Learned counsel for the applicants states that he does not want to file any replication to the said affidavit. Heard Shri I.B. Singh, learned Senior Advocate assisted by Shri Krishna Kumar Singh for the applicants, Shri Jyotindra Mishra, learned Senior Advocate assisted by Shri Vaibhav Kalia for the complainant and the learned Additional Government Advocate for the State. Both the above bail applications have been filed by the applicants, namely, Monu @ Vaibhav Singh (Cril. Misc.Case No.2513 (B) of 2014), Ajit Singh, Vijay Pratap Singh and Rana Pratap Singh (Cril. Misc. Case No.2075 (B) of 2014), who are involved in the same case crime number i.e. Case Crime No.559 -A of 2012, under Sections 147, 148, 149, 307, 326, 427, 504, 506 I.P.C., Police Station -Kotwali City, District -Gonda. Both these bail applications arise from the same case crime number, as such, they are being heard together and disposed of by a common order.
(2.) AS per prosecution case, the complainant is running a Hospital and on 08.05.2012, at about 12:45 p.m., 5 -6 persons had entered in the Hospital. The gunner of the complainant had asked them to park their vehicles in the parking, upon which, there was some altercation with the gunner and those persons entered into the Chamber of the complainant and abused him. Gaurav Singh @ Sonu Singh had opened fire upon him, which did not hit him, but the gunner Suresh Kumar received injuries. In defence the gunner had also opened fire, due to which the other side sustained injuries. The case of the complainant was registered at Case Crime No.559 -A of 2012, under Sections 147, 148, 149, 307, 326, 427, 504, 506 I.P.C., Police Station -Kotwali City, District -Gonda because the main case at Case Crime No.559 of 2012, under Sections 147, 148, 149, 323, 504, 506, 302 and 307 I.P.C., Police Station -Kotwali Nagar, District -Gonda was already registered by Vaibhav Singh, the applicant. Learned counsel for the applicants has submitted that main case was under Section 302 I.P.C, which was registered by the applicant, Vaibhav Singh. In the cross case, Dr. Rajesh Pandey, who was named in the First Information Report, had a criminal history. It has also been submitted that the said injuries are superficial and the applicants were not having any weapons. It has also been submitted that the complainant side was aggressor, who had caused death of Gaurav Singh, who is elder brother of the applicant, Vaibhav Singh. It has also been submitted that in the case under Section 302 I.P.C., in which the applicant Vaibhav Singh was the complainant, accused persons have been granted bail, regarding which the bail orders have been annexed as Annexures No.3, 4 and 5 to the affidavit filed in support of bail applications. It has also been submitted that in Peshbandi the police case has been fabricated, in which the final report was submitted, but the Court had taken cognizance on the final report, which was also challenged by way of petition under Section 482 Cr.P.C. before this Court, which was dismissed. It has also been submitted that S.L.P. was filed against that order before the Hon'ble Apex Court for stay of arrest, which has also been dismissed.
(3.) SHRI Jyotindra Mishra, learned Senior Counsel appearing for the complainant has opposed the prayer for bail and has submitted that it is established that applicants were aggressor. It has also been submitted that the police was in connivance with the applicants, therefore, the investigation was got transferred. It has also been submitted that applicants are deliberately avoiding the trial and they are taking unnecessary adjournments. It has also been submitted that some more criminal cases are pending against the co -accused at Case Crime No.291 of 1997 and 169 of 1998. It has also been submitted that prayer for bail has been rejected by Hon'ble the Apex Court.;