Ravindra Singh - (1.) -This application has been filed by the applicant Sadhu Saran Yadav with a prayer that he may be released on bail in Case Crime No. 84 of 2006, under Sections 302, 323, 504 and 506, I.P.C., P.S. Mahuli, district Sant Kabir Nagar.
(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by Mahendra Prasad Tiwari at Police Station Mahuli, on 5.2.2006 at 2.35 p.m. in respect of the incident which had occurred on 5.2.2006 at 12 O'clock, the distance of the police station was about 14 kl. mts. from the alleged place of the occurrence. THE F.I.R. has been lodged against the applicant and co-accused Dinesh Tiwari alleging therein that the co-accused Dinesh Tiwari had kidnapped Seema the daughter of the first informant about two and half years prior to alleged occurrence and at that time nobody was present at the house of the first informant, therefore no proceedings could be initiated and he is keeping Seema with him and insisting the first informant to accept him as son-in-law. It was refused by the first informant. He was not ready due to which co-accused has become inimical. THE mother of Dinesh Tiwari was Pradhan of the village, the work of the electrification was going on in the village of the first informant, electric polls were being installed there on 5.2.2006 at about 12 O'clock, the applicant and co-accused Dinesh Tiwari came at the field of the first informant. THEy hurled the abuses because it was protested by son Ravi Shanker and they caused injury on the head of Ravi Shanker by using the butt of the country made pistol. Consequently he received head injuries and Ravi Shanker came to the house in a running position, he was chased by the applicant and co-accused. THE first informant intervened with folded hands but the co-accused Dinesh Tiwari had broken his janau and stated that till all the persons are not killed, he will not wear the janau and both accused ran towards the house of the first informant and committed the murder of the deceased Arvind Kumar Tiwari, the second son of the first informant, who was standing in verandah, who died instantaneously. THEreafter they fled away in the east side by discharging shots. THE applicant and other co-accused persons were hardened criminals, no body dares to depose the evidence against them. According to the post-mortem examination report, the deceased had received four gun shot injuries. All injuries are fire arm wound of entries and all injuries were having blackening. According to the medical examination report of the injured Ravi Shanker Tiwari, he had received one lacerated wound in the left side head. Heard Sri Rajul Bhargava, learned counsel for the applicant, learned counsel for the State of U. P. and Sri R. P. Srivastava, learned counsel for the complainant.
(3.) IT is contended by the learned counsel for the applicant : (i) That the applicant has been falsely implicated in the present case, he was having no motive or intention to commit the alleged offence, the alleged motive is against the co-accused Dinesh Tiwari. In the last Pradhani election, he had supported the mother of co-accused Dinesh Tiwari, he won it by overwhelming majority, that is why he has been falsely implicated in the present case ; (ii) That the prosecution story is not corroborated by the medical evidence because according to the site plan, the firing has been done by the applicant and co-accused from the place 'D' and the deceased had sustained injury at place 'A' and two empty cartridges were recovered from place 'D'. The distance from 'D' to 'A' was 18 paces. From such a long distance if firing is done, the blackening will not be around the wounds but in the present case all the four injuries were having the blackening. IT shows that nobody has seen the alleged occurrence ; (iii) That all the injuries found on the person of the deceased appear to have been caused by single shot ; (iv) That it is alleged that after committing the murder, the applicant and co-accused fled away on his motor-cycle but no description of motor-cycle has been given ; (v) That the applicant is not a previous convict, there is no likelihood of his absconding. In reply of the above contentions, it is submitted by the learned A.G.A. for the State that the alleged occurrence had taken place in broad day light at about 12 O'clock, the F.I.R. has been promptly lodged within 2.35 hours, the applicant being the close associate of the co-accused Dinesh Tiwari was having strong motive, the active role of causing the injury to the deceased has been assigned to the applicant and the injuries were caused by country made pistol and deceased had received four gun shot wound of entries. The country made pistol is not standard weapon, by presence of the blackening it does not indicate that the alleged occurrence was not witnessed by any person and in the present case Ravi Shanker Tiwari, the brother of the deceased is injured witness. The applicant is having criminal antecedents, he had been accused in seven criminal cases. In case he is released on bail, he shall tamper with the evidence. Therefore the applicant may not be released on bail.;