- (1.) VINOD Prasad, J. The applicant through the present application has applied for bail in crime No. 23 of 2005, under Sections 307/302 I. P. C. and 3 (2) (5) S. C. /s. T. Act, P. S. Bishungarh, District Kannauj.
(2.) THE bail prayer of the applicant has been rejected by the learned Sessions Judge on 21-9-2005 vide bail application No. 488 of 2005 vide Annexure No. 15 of the affidavit appended alongwith this bail application. The prosecution allegations against the applicant as is perceptable from the F. I. R. (Annexure No. 1) are that Sher Singh, the brother of informant Shyam Babu was in jail in some case. The informant Shyam Babu accompanied by his bahanoi Anant Ram and Rameshwar, Kaleshwar, Lallu and Shyam Babu had gone to see him in jail at Kannauj on 24-3-2005. While returning after the said visit in a private Jeep to Bishungarh, they had co- passengers Man Singh Yadav @ Neta, Subash (present applicant), Nayab Singh and Girver in the same Jeep. When their Jeep reached near Babu Singh Inter College in Village Mahamood Pur Khas proceedings towards Nadanpur culvert at 5. 00 p. m. then the aforesaid four co- passengers Man Singh Yadav @ Neta, Subash (present applicant), Nayab Singh and Raj Kumar got the Jeep forcibly stopped and dragged out Anant Ram and Rameshwar, the two persons accompanying the informant and shot dead Anant Ram and caused fire-arm injuries to Rameshwar and also to one Tabeej Nath, who was also a co-traveller in the same Jeep. The police meanwhile arrived and sent the injured persons to the Government Hospital, Chibbramau for treatment. The accused after the incident escaped towards Shankerfurki. The informant Shyam Babu got the F. I. R. scribed through Ram Singh regarding the said incident and lodged it at police station Bishungarh as crime No. 23 of 2005 under Sections 307, 302 I. P. C. on that date itself at 6. 35 p. m. covering a distance of six and a half kilometers south of the place of incident. Subsequently, another injured Rameshwar also lost his life because of the injury sustained by him in the said incident. The post-mortem reports of the deceased persons Anant Ram and Rameshwar are annexed as Annexure Nos. 5 and 6 respectively to this bail application which indicates that they had sustained fire-arm gunshot wound of injuries and the cause of their death was anti-mortem fire-arm injuries. The injury report of injured Tabeej Nath (Annexure No. 2) indicates that he too sustained fire- arm injuries. On the aforesaid factual matrix the present applicant Subash has applied for his bail. I have heard Sri Prem Prakash Yadav, learned Counsel for the applicant in support of this bail application and the learned A. G. A. in opposition.
(3.) IT is submitted by the learned Counsel for the applicant that in this case initially, in the F. I. R. the role of shooting was assigned to all the four accused persons but subsequently the prosecution developed its case and assigned the role of shooting to Nayab Singh and Raj Kumar and anointed the applicants Subash and co-accused Man Singh with the role of catching hold. He further contended that the co- accused Man Singh, who has been assigned the role of catching hold had already been granted bail by this Court on 29-5-2006 vide Criminal Miscellaneous Bail Application No. 10470 of 2006. He had filed the said bail granting order of the co-accused Man Singh on an affidavit as Annexure No. Nil appended alongwith the listing application filed by him on 6-6-2006. He contended that on the same reasoning on which co-accused Man Singh has been granted bail by this Court the applicant is also entitled to be released on bail. Learned Counsel for the applicant also contended that there is no evidence of tempering and the Sessions Judge has wrongly considered that the applicant is trying to temper with evidence. Learned A. G. A. on the other hand contended that it is a day light incident in which two persons have lost their lives and one person has sustained one gunshot injury. He submitted that the F. I. R. was lodged promptly and the applicant should not be granted bail as he and his associates have tried to tamper with prosecution evidences and therefore, the fair trial is not possible.;