VINOD PRASAD, J. - (1.) AGGRIEVED by the bail granting order dated 29 -3 -2005 passed by Hon'ble C.P. Misra, J., since retired, in Criminal Misc. Second Bail Application No. 4241 of 2005, Raja Bhaiya v. State of U.P., in crime number 319 of 2004 under Sections 302/307/ 34/504 IPC, the informant Arvind Kumar Pal @ Kalian has filed this bail cancellation application under Section 439 (2) Cr. P. C. The notices were issued to respondent accused Raja Bhaiya which has been served on him and he is being represented by Sri Vivek Misra advocate.
(2.) I have heard Sri Satish Trivedi, learned senior Counsel assisted by Sri M. C. Chaturvedi, Advocate on behalf of applicant informant and Sri Rajesh Kumar Misra brief holder of Sri Vivek Misra advocate Counsel for the accused respondent on his instructions and under his permission. Before coming to the rival submissions harangued by contesting sides in support of their contentions a resume of necessary facts are registered here. A FIR was lodged by the applicant informant Arvind Kumar Pal @ Kallan at police station Ait, District Jalaun on 1 -9 -2005 at 4 a.m. with the allegation that there was a fight between his family and the family of accused respondent Raja Bhaiya two years before regarding a wall which even though was removed by the father of the informant applicant but nurtured a grudge in the mind of the respondent. Father of informant applicant Ram Shankar Pal, a field officer in Land Development Bank, Manautha, had come to his house on vacation and was sitting on a chair in the evening on Saturday outside his house when Raja Bhaiya respondent had uttered that he will murder him. On 31 -8 - 2005 at 12 a.m. in night when the applicant's family members were asleep Raja Bhaiya respondent, armed with a DBBL Gun, Rajendra, Sunil @ Mister and Shyamji son of Raja Bhaiya all three armed with country made pistols came to the house of the applicant and started vetuparising them from outside their channel gate. On hearing the abuses and shouts the father of the informant came to the channel gate then, at the instigation of rest of the three accused Rajendra, Sunil and Shyamji, respondent accused Raja Bhaiya shot at the father of informant from his DBBL gun as a result of which Ram Pal sustained injuries and fell down. The aunt (Bua) of informant Veer Kuwar wife of Khadag Singh and her daughter Neha came to the injured Ram Shankar Pal and the accused respondent shot and caused them injuries as well. The incident was witnessed by the informant applicant and one Khudai. Ram Shankar Pal father of the applicant informant lost his breath on reaching the hospital and the two injured were admitted in emergency. The applicant went to the police station Ait and lodged the FIR (Annexure No. 1), which was registered as crime number 319 of 2005 under Sections 302/307/34/504 IPC. The injury reports of Veer Kuwar and Km. Neha and post -mortem report of the deceased (Annexures No. 5, 6 and 7) indicates that all of them had sustained gun shot injuries.
(3.) IN the aforesaid crime number, first of all Suneel @ Mister approached this Court under Section 439 Cr. P.C. for grant of his bail vide Criminal Misc. Bail Application No. 18515/04. The said bail application of Suneel alias Mister was allowed by Hon'ble K. N. Sinha, J. on 19 -11 -2004. The bail granting order reads thus: Heard Sri Prabha Shanker Pandey and Sri M.A. Siddiqui, learned AGA. Admittedly the role of the applicant is that of exhortation. The actual shot was fired by non -applicant Rajabhaiya. Considering this, the applicant is admitted to bail. Let the applicant Sunil alias Mister be released on bail in crime No. 319 of 2004, under Sections 302, 307, 504/34 IPC, Police Station Ait, District Jalaun, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.”;