- (1.) RAVINDRA Singh, J. This application has been filed by the applicants Nanha alias Radha Kant and Manna alias Shashikant with a prayer that they may be released on bail in case crime No. 133 of 2005, under Sections 302 and 364 I. P. C. , P. S. Ghazipur District Fatehpur.
(2.) THE prosecution story, in brief, is that the F. I. R. of this case has been lodged by Jagdish at P. S. Ghazipur, District Fatehpur on 16-10-2005 at 6. 30 p. m. in respect of the incident which had occurred on 16-10-2005 at about 1. 00 p. m. THE distance of the police station was 6 kms from the alleged place of occurrence. THE F. I. R. was lodged against applicants and co- accused Raju Nai alleging therein that deceased Kailash Dubey was contesting the election of Kshetra Panchayat. THE first informant and the deceased were issuing the election slips, in the mean time the applicants and co-accused Raju Nai came there. Applicant Nanha alias Radha Kant armed with gun and applicant Munna alias Shashi Kant and co- accused armed with country made pistol and lathi respectively. THEy asked the first informant and the deceased that how they have dared to issue the slips of the election. It was replied by the deceased that he was contesting the election that is why he is issuing the respective slips, then the deceased was caught hold by the applicants and co-accused person forcibly and the deceased was dragged on the way of village and he was beaten by them and open challenge has been given by them that whosoever will oppose them shall have the same consequences as of the deceased and the deceased was taken to wards their house. Due to the act done by the applicants and co-accused a panic was created in the village. THE deceased was taken inside the house and injuries were caused on his person by using Ghan, lathi and danda blows. THEreafter, the deceased was thrown from the house in very serious condition. THE deceased was taken to Ghazipur, but in the way Home Guards Sanjay Srivastava and Narendra Pal met him and with their help the deceased was taken in a tempo to Fatehpur Hospital, but the deceased died in the way. According to the post-mortem examination report the deceased has received 6 injuries in which 5 injuries are contusion and one injury was lacerated wound. All the injuries are on non-vital part of the body. Heard Sri V. C. Tiwari Senior Advocate assisted by Sri Manish Tiwari and Sri A. K. Awasthi learned Counsel for the applicant, learned A. G. A. for the State of U. P. and Sri A. K. Srivastava learned Counsel for the complainant. It is contended by the learned Counsel for the applicant that: (i) The prosecution story is not corroborated by medical evidence. The deceased has received only 6 injuries in which 5 injuries are contusion and one injury was lacerated wound and all the injuries are on the non-vital part of the body of the deceased and no dragging mark was found on the body of the deceased. (ii) Even on the basis of the allegation made against the applicants and other co-accused person no offence under Section 302 I. P. C. is made out. At the most the offence under Section 304 Part-2 I. P. C. will be made out. (iii) The alleged motive is absolutely false and the applicants have been falsely implicated due to village partibandi. (iv) Co-accused Raju Nai whose case is on the same footing with the case of the applicants, has been released on bail by another Bench of this Court on 2-8-2006 in Criminal Misc. Bail Application No. 14888 of 2006, therefore, the applicant is also entitled for to get the benefit of the parity. (v) There is village partibandi. The applicant No. 1 has been falsely implicated in 30 cases, out of which he has been acquitted in 29 cases and only one case crime No. 78 of 2005 under NDPS Act is pending and applicant Munna alias Shashi Kant has been falsely implicated in 32 cases and he has been acquitted in 29 cases and only 3 cases as case crime No. 79 of 2005 under NDPS Act, S. T. No. 1027 of 2004, under Section 25 Arms Act and S. T. No. 328 of 2001 under Sections 394 and 412 I. P. C. are pending.
(3.) IN reply of the above contention the learned A. G. A. and the learned Counsel for the complainant submit that the deceased has been murdered in a broad day light. The manner in which the deceased was murdered was shocking and panic was created in the village and the applicants are having long criminal history and they are history-sheeters. Applicant Nanha alias Radha Kant is having a criminal history of 39 cases since 1989 to 2005 and applicant Mann alias Shasi Kant is having criminal history of 44 cases since 1990 to 2005. The applicants are such a notorious persons that nobody dares to give the evidence against them. Their name itself is terror in their locality. The applicant Nanha alias Radha Kant has been involved in following criminal cases: (1) Case Crime No. 20 of 1989, under Sections 147, 148, 149, 307 I. P. C. P. S. Ghazipur, District Fatehpur. (2) Case Crime No. 256 of 1990, under Section 25 Arms Act. P. S. Ghazipur, District Fatehpur. (3) Case Crime No. 312 of 1991, under Sections 364 and 302 I. P. C. P. S. Ghazipur, District Fatehpur. (4) Case Crime No. 989 of 1991, under Sections 147, 148, 149, 307 I. P. C. and Section 5 Explosive Act, P. S. Kotwali, District Fatehpur. (5) Case Crime No. 52 of 1992, under Sections 3/4 of the U. P. Goonda Act, P. S. Ghazipur, District Fatehpur. (6) Case Crime No. 7 of 1993, under Sections 323, 504, 506 I. P. C. and Section 3 (i) (x) (xi) 2 (v) S. C. /s. T. (P. A.) Act, P. S. Ghazipur, District Fatehpur. (7) Case Crime No. 157 of 1993, under Sections 147, 148, 149, 307 and 302 I. P. C. P. S. Ghazipur, District Fatehpur. (8) Case Crime No. 57 of 1994, under Sections 147, 148, 149, 307, 427, 426 and 436 I. P. C. P. S. Ghazipur, District Fatehpur. (9) Case Crime No. 172 of 1995, under Section 25 Arms Act. P. S. Ghazipur, District Fatehpur. (10) Case Crime No. 224 of 1995, under Section 307 I. P. C. P. S. Kotwali, District Fatehpur. (11) Case Crime No. 178 of 1995, under Gangsters Act. P. S. Ghazipur, District Fatehpur. (12) Case Crime No. 353 of 1996, under Section 302, 201 and 120- B I. P. C. P. S. Kotwali, District Fatehpur. (13) Case Crime No. 153 of 1996, under Section 307 I. P. C. P. S. Ghazipur, District Fatehpur. (14) Case Crime No. 159 of 1996, under Sections 342, 323, 504 and 506 I. P. C. P. S. Ghazipur, District Fatehpur. (15) Case Crime No. 78 of 1997, under Sections 324, 337, 506 I. P. C. P. S. Ghazipur, District Fatehpur. (16) Case Crime No. 52 of 1997, under Section 2/3 (1) Gangsters Act, P. S. Ghazipur, District Fatehpur. (17) Case Crime No. 210 of 1997, under Section 3/4 Goondas Act, P. S. Ghazipur, District Fatehpur. (18) Case Crime No. 35 of 1998, under Sections 147, 148, 427, 504 I. P. C. P. S. Ghazipur, District Fatehpur. (19) Case Crime No. 32 of 1998, under Sections 323, 504 and 506 I. P. C. and S. C. /s. T. Act, P. S. Ghazipur, District Fatehpur. (20) Case Crime No. 241 of 1998, under Sections 147, 148, 149, 307 I. P. C. P. S. Ghazipur, District Fatehpur. (21) Case Crime No. 234 of 1998, under Sections 380 and 506 I. P. C. P. S. Kotwali, District Fatehpur. (22) Case Crime No. 323 of 1999, under Section 307 I. P. C. P. S. Kotwali, District Fatehpur. (23) Case Crime No. 324 of 1999, under Section 4/5 Explosive Act P. S. Kotwali, District Fatehpur. (24) Case Crime No. 209 of 1999, under Sections 323, 504 and 506 and 3 (i) (x) S. C. /s. T. Act, P. S. Ghazipur, District Fatehpur. (25) Case Crime No. 444 of 1999, under Sections 302, 307, 374 and 120-B I. P. C. P. S. Kotwali, District Fatehpur. (26) Case Crime No. 102 of 2000, under Section 110 Cr. P. C. P. S. Ghazipur, District Fatehpur. (27) Case Crime No. 120 of 2000, under Sections 323, 504 and 506 I. P. C. P. S. Ghazipur, District Fatehpur. (28) Case Crime No. 73 of 1999, under Sections 386, 342, 323, 504 and 506 I. P. C. P. S. Ghazipur, District Fatehpur. (29) Case Crime No. 61 of 2001, under Section 4/5 Explosive Act, P. S. Ghazipur, District Fatehpur. (30) Case Crime No. 386 of 2001, under Section 3/4 Goondas Act, P. S. Ghazipur, District Fatehpur. (31) Case Crime No. 52 of 2002, under Section 110 Cr. P. C. P. S. Ghazipur, District Fatehpur. (32) Case NCR No. 8 of 2002, under Sections 323 and 504 I. P. C. P. S. Ghazipur, District Fatehpur. (33) Case NCR No. 9 of 1989, under Sections 323 and 504 I. P. C. P. S. Ghazipur, District Fatehpur. (34) Case Crime No. 74 of 2002, under Section 307 I. P. C. P. S. Kotwali, District Fatehpur. (35) Case Crime No. 76 of 2002, under Section 25 Arms Act P. S. Kotwali, District Fatehpur. (36) Case Crime No. 186 of 2002, under Section 2/3 Gangsters Act, P. S. Ghazipur, District Fatehpur. (37) Case Crime No. 79 of 2005, under Section 18/20 NDPS Act. P. S. Thariyaon, District Fatehpur. (38) Case Crime No. 133 of 2005, under Sections 364 and 302 I. P. C. P. S. Ghazipur, District Fatehpur. (39) Case Crime No. 151 of 2005, under Section 110 Cr. P. C. P. S. Ghazipur, District Fatehpur. The applicant Manna alias Shashi Kant has been involved in following cases: (1) Case Crime No. 257 of 19199089, under Section 25 Arms Act, P. S. Ghazipur, District Fatehpur. (2) Case Crime No. 312 of 1991, under Sections 364 and 302 I. P. C. P. S. Ghazipur, District Fatehpur. (3) Case Crime No. 989 of 1991, under Sections 147, 148, 149, 307 I. P. C. P. S. Kotwali, District Fatehpur. (4) Case Crime No. 990 of 1991, under Section 5 Explosive Act, P. S. Kotwali, District Fatehpur. (5) Case Crime No. 53 of 1992, under Sections 3/4 of the U. P. Goonda Act, P. S. Ghazipur, District Fatehpur. (6) Case Crime No. 7 of 1993, under Sections 323, 504, 506 I. P. C. and Section 3 (i) (x) (xi) 2 (v) S. C. /s. T. (P. A.) Act, P. S. Ghazipur, District Fatehpur. (7) Case Crime No. 157 of 1993, under Sections 147, 148, 149, 307 and 302 I. P. C. P. S. Ghazipur, District Fatehpur. (8) Case Crime No. 57 of 1994, under Sections 147, 148, 149, 307, 424, 429 and 436 I. P. C. P. S. Ghazipur, District Fatehpur. (9) Case Crime No. 224 of 1995, under Section 307 I. P. C. P. S. Kotwali, District Fatehpur. (10) Case Crime No. 178 of 1995, under Section 2/3 Gangsters Act. P. S. Ghazipur, District Fatehpur. (11) Case Crime No. 65 of 1996, under Section 25 Arms Act. P. S. Ghazipur, District Fatehpur. (12) Case Crime No. 66 of 1996, under Section 5/25 Arms Act, P. S. Ghazipur, District Fatehpur. (13) Case Crime No. Nill of 1996, under Section 41/411 I. P. C. P. S. Ashothar, District Fatehpur. (14) Case Crime No. 12 of 1993, under Sections 394 and 411 I. P. C. P. S. Ashthar, District Fatehpur. (15) Case Crime No. 353 of 1996, under Sections 302 and 120-B I. P. C. P. S. Kotwali, District Fatehpur. (16) Case Crime No. 153 of 1996, under Section 307 I. P. C. , P. S. Ghazipur, District Fatehpur. (17) Case Crime No. 159 of 1996, under Sections 342, 323, 504 and 506 I. P. C, P. S. Ghazipur, District Fatehpur. (18) Case Crime No. 173 of 1995, under Sections 323, 504 and 506 I. P. C. P. S. Ghazipur, District Fatehpur. (19) Case Crime No. 52 of 1997, under Section 2/3 Gangsters Act, P. S. Ghazipur, District Fatehpur. (20) Case Crime No. 211 of 1997, under Section 3/4 U. P. Goondas Act P. S. Ghazipur, District Fatehpur. (21) Case Crime No. 32 of 1998, under Sections 323, 504, 506 I. P. C. and S. C. /s. T. Act, P. S. Ghazipur, District Fatehpur. (22) Case Crime No. 78 of 1997, under Sections 324, 337, 506 I. P. C. P. S. Ghazipur, District Fatehpur. (23) Case Crime No. 35 of 1998, under Sections 147, 148, 427, 504 I. P. C. P. S. Ghazipur, District Fatehpur. (24) Case Crime No. 296 of 1997, under Sections 395 and 397 I. P. C. , P. S. Ghazipur, District Fatehpur. (25) Case Crime No. 295 of 1997, under Sections 352, 504 and 506 I. P. C. P. S. Thariyaon, District Fatehpur. (26) Case Crime No. 241 of 1998, under Sections 147, 148, 149, 307 I. P. C. P. S. Ghazipur, District Fatehpur. (27) Case Crime No. 112 of 1999, under Section 110 Cr. P. C. , P. S. Ghazipur, District Fatehpur. (28) Case Crime No. 209 of 1999, under Sections 328, 504 and 506 I. P. C. and Section 3 (i) (x) S. C. /s. T. Act P. S. Ghazipur, District Fatehpur. (29) Case Crime No. 444 of 1999, under Sections 302 and 307/34 and 120-B I. P. C. , P. S. Kotwali, District Fatehpur. (30) Case Crime No. 103 of 2000, under Section 110 Cr. P. C. , P. S. Ghazipur, District Fatehpur. (31) Case Crime No. 120 of 2000, under Sections 323, 504 and 506, P. S. Ghazipur, District Fatehpur. (32) Case Crime No. 73 of 1999, under Sections 386, 342, 323, 504 and 506 I. P. C. P. S. Ghazipur, District Fatehpur. (33) Case Crime No. 225 of 2001, under Sections 147, 148, 149 and 307 I. P. C. P. S. Ghazipur, District Fatehpur. (34) Case Crime No. 226 of 2001, under Section 25 Arms Act P. S. Ghazipur, District Fatehpur. (35) Case Crime No. 275 of 2001, under Section 3/4 U. P. Goondas Act P. S. Ghazipur, District Fatehpur. (36) Case Crime No. 34 of 2002, under Section 110 Cr. P. C. , P. S. Ghazipur, District Fatehpur. (37) Case Crime No. 74 of 2002, under Section 307 I. P. C. P. S. Kotwali, District Fatehpur. (38) Case Crime No. 75 of 2002, under Section 25 Arms Act. P. S. Kotwali, District Fatehpur. (39) Case NCR No. 8 of 2002, under Sections 323 and 504. P. S. Ghazipur, District Fatehpur. (40) Case NCR No. 9 of 2002, under Sections 323 and 504. P. S. Ghazipur, District Fatehpur. (41) Case Crime No. 186 of 2002, under Section 2/3 Gangsters Act. P. S. Ghazipur, District Fatehpur. 0 (42) Case Crime No. 78 of 2005, under Section 18/20 NDPS Act. P. S. Thariyaon, District Fatehpur. (43) Case Crime No. 133 of 2005, under Sections 364 and 302 P. S. Ghazipur, District Fatehpur. (44) Case Crime No. 150 of 2005, under Section 110 Cr. P. C. P. S. Ghazipur, District Fatehpur. It is further contended that if the applicants are released on bail they shall tamper with the evidence, therefore, they may not be released on bail.;