R.K.RASTOGI,J. - (1.) THE applicant Nanku Lal Yadav has applied for bail in Case Crime No. 116 of 2005, under Sections 302, 307, 506 I.P.C. Police Station Tharwai District Allahahad.
(2.) THE prosecution case starts with a F.I.R. lodged by Shri Rajendra Yadav, Advocate at police station Tharwai District Allahahad on 2 -11 -2005 at 11.05 a.m. It is stated therein that Sri Rajendra Yadav resides at village Dharampurghurwa P.S. Tharwai District Allahahad. Suresh Kumar Yadav and Bhaiya Ram Yadav are also residents of the same village, On the aforesaid date, both these persons were present at their houses, and at about 10 a.m. the accused Nanku Lal Yadav, village Pradhan, Daya Ram and Mahesh Kumar having rifles and guns in their hands reached there and started firing. Suresh Kumar received fire arm injury on his chin and he died on the spot. Bhaiya Ram also received fire arm injuries and he fell down Thereafter their family members took them to police station Tharwai. It was, therefore, prayed that action should he taken in the matter. The applicant has alleged that he is innocent and he has falsely been implicated in this case. He has given a cross version of the incident which is based upon a report lodged by Sri Ram Shironmani at Police Station Tharwai on 9 -11 -2005 at 10. 10 p.m. in the basis of which case crime No. 199 of 2005 under Sections 147, 148, 149, 452, 307, 323, 392, 427, 436 I.P.C. was registered at the above police station. It was stated in that report that Ram Shiromani resides at village Dharampurghurwa Police Station Tharwai District Allahahad. On 1 -11 -2005. at about 8 p.m. the accused Banshi Lal, Balram, Tribhuwan, Rakesh and Suresh with whom Ram Shiromani had enmity, entered his house and with an intention to murder his brother Ram Sajiwan they beat him with lathis, dandas, legs and fists and pulled him out of the house and caused fatal injuries to him. His condition was serious and so he had been admitted at Pooja Hospital in Allahabad. A report in respect of this incident was registered at police station Tharwai as case crime No 117 of 2005 under Sections 308, 323, 504 and 506 I.P.C. against the above named persons. On 2 -11 -2005 at about 9 a.m. the accused Ram Abhilash having a country made pistol in his hand. Amrit Lal having Pharsa, Bhaiya Ram. Rajendra and Virendra having petrol, fire, illicit arms and bombs in their hands and Tulsi Ram having a country made pistol in his hand, and Arvind attacked the house of Rakesh. They burnt the Vikram Tempo and Motor Cycle of Rakesh son of Ram Abhilakh after pouring kerosene oil upon them. The accused broke open the door of his house. Then they committed dacoity by looting colour T.V., fan, jewellery and Rs. 10000/ -in cash and when they did not find any male member in the house, they beat ladies with fists, legs and dandas and insulted them. They also did indiscriminate firing and threw bombs. Then they attacked the house of Ramesh son of Datadin and threw bombs and did firing. Thereafter they attacked the houses of Nankoo Lal, Dayaram and Mahesh. The male members of these houses were present at Pooja Hospital in Allahabad at that time and so the accused beat the ladies and children living in those houses with lathis, dandas, fists and legs and started indiscriminate firing from country made pistol and other illicit fire arms and also threw bombs. When these ladies and children shouted for help, Ram Naresh. Ram Singh, Ram Chandra and Ranvijay etc. reached there. Then the accused ran away throwing bombs and doing firing from fire arms. In the meantime, Suresh son of Amrit Lal received fire arm injury from the fires done by Banshi Lal and so he fell down. Since the condition of Ram Sajiwan was serious, Ram Shiromani and his family members could not go to the police station to lodge the report earlier. It was, therefore, requested that action should he taken in the matter.
(3.) IT was submitted by the learned Counsel for the applicant that it is a cross case and since there injuries on both the sides, bail should be granted to the applicant. His learned Counsel cited before me a ruling of Hon'ble Supreme Court in Vashishth Singh v. State of Bihar, AIR 2002 SC 487, in which it has been held that where there is cross case, bail should be granted.;