- (1.) RAVINDRA Singh, J. This application has been filed by the applicant Bharat Singh with a prayer that he may be released on bail in Case Crime No. 381 of 2006, under Sections 147, 148, 149, 323, 324, 307, 302, 504 I. P. C. and Sections 29/30 of the Arms Act, P. S. Bilaspur District Rampur.
(2.) THE prosecution story, in brief, is that the F. I. R. of this case has been lodged by Santosh Kumar at P. S. Bilaspur on 15-3- 2006 at 9. 10 p. m. in respect of the incident which had occurred on 15-3-2006 at about 6. 00 p. m. THE F. I. R. has been lodged against the applicant, co-accused Ram Singh, Prem Shankar, Anil Bajrangi and Ram Kumar alleging therein that the first informant was having inimical relations with the applicant and other co- accused persons because in the last election of Chairman of the Nagar Palika co- accused Anil Bajrangi was defeated by the sister- in-law of the first informant. On 15-3-2006 the day of the Holi festival at about 6. 00 p. m. the first informant, his brother Rajesh Jauhari, deceased Ankit Jauhari, deceased Aniket Jauhari and injured Ashu Jauhari were going for Holi Milan, when they reached near the house of one Ram Singh where co-accused Ram Singh and Anil Bajrangi armed with guns, the applicant and co- accused Prem Shankar armed with Tabal and co-accused Ram Kumar Gujar armed with lathi came out from the house of Ram Singh and hurled abuses and at the exhortation of co-accused Anil Bajrangi they discharged the shots by the guns. Consequently, the deceased Ankit and Aniket received gunshot injuries. THE applicant and co-accused Prem Shankar used Tabal blows on the person of Rajesh Jauhari and Ashu Jauhari and co-accused Ram Kumar used lathi blows on the person on injured Rajesh Jauhari. THE applicant and co-accused persons were left the place of occurrence. THE panic was created at the place of occurrence and shops were closed. All the injured persons were taken to the PHC, Bilaspur, but due to serious condition of the deceased Ankit and Aniket they were taken to the district hospital Rampur where they were declared dead. According to the post-mortem examination report of Ankit he has received one fire-arm wound and the deceased Aniket received 3 injuries caused by the fire-arm and the injured Ashu Jauhari received incised wound on the left side of the head. THE injury was kept under observation and the injured Rajesh Kumar Jauhari also received one incised wound on left side of the head, one red contusion and one abrasion. THE injury No. 1 was kept under observation and advised X-ray and remaining injuries were simple in nature. Heard Sri N. I. Jafari learned Counsel for the applicant, learned A. G. A. for the State of U. P. and Sri Sushil Shukla and Sri Sanjay Srivastava learned Counsel for the complainant. It is contended by the learned Counsel for the applicant that: (i) According to the prosecution version the applicant and co- accused Prem Shankar were armed with tabal. They did not cause any injury on the persons of the deceased. It is alleged that they caused injuries on the persons of injured, according to injury reports only offence under Section 324 I. P. C. is made out against the applicant. (ii) For lodging the cross F. I. R. Smt. Harpyari has moved an application under Section 156 (3) Cr. P. C. , the same has been treated as complaint and from the side of the applicant co- accused Ram Singh has received 3 injuries caused by the hard and blunt object and all the injuries were simple in nature. He was medically examined on 16-3-2006 brought by Constable Latoor Singh. The injuries received by co- accused Ram Singh has not been explained. The prosecution has not come with clean hands. (iii) The applicant is man of peace loving. He is having no criminal antecedents. He has been falsely implicated in the present case due to ill will of the first informant, therefore, he may not be released on bail.
(3.) IN reply of the above contention the learned A. G. A. and the learned Counsel for the complainant submit that the alleged occurrence had taken place on the day of holi festival in the broad day light and two persons have lost their life and two persons have received injuries. The specific role of causing the injuries on the persons of the injured is assigned to the applicant. The injuries caused by the Tabal are on the head of the injured persons and the injuries of the injured Rajesh Jauhari was grievous in nature and the alleged occurrence had been witnessed by so many persons. Accused side has tried to register cross case. The injuries received by the co-accused Ram Singh were simple in nature, there is no requirement to explain such injuries which have not been sustained by co-accused Ram Singh in the alleged incident. IN case the applicant is released on bail he shall tamper with the evidence. Considering the fact that two persons have been done to death and two persons have sustained injuries in the broad day light in the heart of the city on the day of holi festival and active role of causing injuries to the injured by tabal blow is assigned to the applicant and other circumstances of the case and submissions made by the learned Counsel for the applicant, the learned A. G. A. and learned Counsel for the complainant and without expressing any opinion on the merits of the case the applicant is not entitled for bail.;