Ravindra Singh, J. - (1.) -This application has been filed by the applicant Nazim Khan with a prayer that he may be released on bail in Case Crime No. 573 of 2006 under Sections 302 and 120B, I.P.C. and Section 7 of the Criminal Law Amendment Act, P.S. Tanda, district Rampur.
(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by one Mukim Ahmad on 8.7.2006 at 8.30 a.m., in respect of the incident which had occurred on 8.7.2006 at about 7.30 a.m. THE distance of the police station was about 13 kms. from the alleged place of occurrence. THE F.I.R. was lodged against the applicant and 3 other accused persons alleging therein that the first informant was pillion rider of motorcycle of Asgar Ali and the deceased was pillion rider of motorcycle driven by Baboo. Both the motorcycles were going towards village Parvatpur. THE motorcycle of the first informant was lagging behind at a distance of 75-80 yards. At about 7.30 a.m. when the motorcycle of the deceased reached in front the shop of Aquil Mistry, where the applicant and co-accused Asim Khan and Nadir who were realizing the money forcefully from the buses at the bus stand, but two Maruti vans belonging to the deceased were also plying as taxi about 10-15 days prior the alleged incident. THE accused Asim Khan and his brother were illegally demanded a sum of Rs. 40,000 and they were extending threats for dire consequences, in case the aforesaid amount is not paid by the deceased. On account of this enmity the applicant and his real brother came there and the motorcycle of Baboo was stopped by them, thereafter, the applicant and his brother caused injuries on the person of the deceased by using firearm. After receiving the injuries the deceased died instantaneously. After committing the murder the applicant and other co-accused persons fled away from the place of occurrence by showing their country made pistol. Due to this incident a panic was created and the people closed their doors and window. According to the post mortem examination report the deceased received 2 gunshot wounds of entry having blackening and tattooing and 4 abrasions. From the injury No. 2 one wadding cork was also recovered. Heard Sri Viresh Mishra, senior advocate assisted by Sri Shadab Ali learned counsel for the applicant, the learned A.G.A. for the State of U. P. and Sri N. I. Jafari learned counsel for the complainant. It is contended by the learned counsel for the applicant that the manner, in which the injuries were caused on the person of the deceased is highly improbable, because the deceased was a pillion rider of the motorcycle driven by one Baboo, but Baboo did not receive any injury. The gunshot wound of entry No. 1 was on the front of the chest and No. 2 was on the anterior inferior aspect of right shoulder. Such injuries cannot be caused on the person of a pillion rider. The applicant and his two real brothers have been falsely implicated in the present case. The presence of the first informant at the alleged place of occurrence is highly doubtful, even according to the F.I.R. version, he lagging behind at a distance of 75-80 yards. The presence of other witnesses at the alleged place of occurrence was highly doubtful. The F.I.R. of this case is ante-timed. It was not in existence at the time of preparation of the inquest report. The F.I.R was lodged after thought and consultation because the scribe himself has confessed before the deponent of this application that the deceased was murdered in the early hours of 8.7.2006. The alleged motive is absolutely false and baseless which has been nullified by the statement of the first informant recorded under Section 161, Cr. P.C. and there was no such complaint in respect of demand of such money. There is no witness of locality. The witnesses mentioned in the F.I.R. are interested and partisan. The applicant is innocent. He earns his livelihood by doing munshigiri at the private bus stand Darhiyal in the bus union, where he gets a sum of Rs. 10 per bus. The deceased was harden criminal. He was illegally plying two Maruti vans without any permit or licence. The witness Baboo has given complete different version in his statement recorded under Section 161, Cr. P.C. The prosecution story is not corroborated by medical evidence and nothing incriminating has been recovered from the possession of the applicant or at his pointing out, therefore the applicant may 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 in a broad day light at about 7.30 a.m. Its F.I.R. was lodged within one hour at 8.30 a.m. on the same day. The specific role of causing injuries is assigned to the applicant and co-accused. There was strong motive for the applicant to commit the alleged offence. The prosecution story is corroborated by the medical evidence. The applicant is a powerful person. IN case he is released on bail he shall tamper with the evidence. Considering the facts, circumstances of the case, submissions made by the learned counsel for the applicant, the learned A.G.A. and the learned counsel for the complainant, the gravity of the offence is too much and without expressing any opinion on the merits of the case the applicant is not entitled for bail, therefore, the prayer for bail is refused.;