RAVINDRA SINGH, J. - (1.) IN the above mentioned bail applications the Criminal Misc. Bail Application No. 19449 of 2007 has been filed by the applicant Irshad and Criminal Misc. Bail Application No. 19893 of 2007 has been filed by the co -accused Furkan with a prayer that they may be re ­leased on bail in case crime No. 284 of 2007 under sections 308, 325, 324, 504 LP.C. P.S. Kairana, district Muzaffarnagar.
(2.) BOTH the applicants are involved in case crime No. 284 of 2007 P.S. Kairana district Muzaffarnagar. Therefore, their bail applications are being disposed of by a common order. The facts of the case in brief are that the F.I.R. has been lodged by Aabit at P.S. Kairana on 18.5.2007 at 5.20 p.m. in respect of the incident, which had occurred on 12.5.2007 at about 7.00 p.m., the distance of the police station was about 6 k.m. from the alleged place of occurrence. It is alleged that both the applicants are very powerful men of their village, they were having enmity with the family of the first infor ­mant, the applicant Irshad had committed the murder of the real nephew of the first informant about 1,1/2 prior the alleged incident, they wanted to eliminate the fam ­ily of the first informant, on 12.5.2007 at about 7.00 p.m. Naushad, nephew of the first informant left field to his house, the applicant Irshad armed with Pharsa, appli ­cant Furkan armed with tabal and the co -accused Wakif armed with lathi and co -accused Khursheed armed with sariya came there and made an assault on the nephew of the first informant conse ­quently, he sustained injuries. Subse ­quently, he became unconscious after sus ­taining the injuries. The applicant Irshad was hurling abuses, he was saying that as his brother was murdered in the same manner, he is also being murdered, on hue any cry, many persons of the village came at the place of occurrence, then all the, ac ­cused persons fled away from the place of occurrence leaving the injured as dead. Thereafter, he was taken to the Govern ­ment Hospital Kairana from where he was referred to another hospital considering the seriousness of the injuries. According to the medical examination report the injured Naushad sustained 22 injuries, in which injury No. 21 was incised wound on the interior aspect of left knee, rest of the inju ­ries were caused by hard and blunt object. Injury No. 1, 3, 9, 19 and 20 were kept un ­der observation and advised for x -ray. Ac ­cording to the x -ray report, there was a fracture of lower end of left ulna. Accord ­ing to the supplementary medical exami ­nation report, the injury No. 20 was griev ­ous in nature, rest of the injuries were simple in nature, caused by hard and blunt object. The applicants applied for bail be ­fore the learned Additional Sessions Court No. 1 Muzaffarnagar who rejected the same on 8.8.2007.
(3.) HEARD Sri Ravindra Nath Rai, and Sri A.K. Rai, learned Counsel for the appli ­cant Irshad, Sri Rajiv Sisodia, and Atul Sisodia, learned Counsel for the applicant Furkan and learned A.G.A. for the State of U.P. and Sri Gaurav Kakkar, learned Coun ­sel for the complainant.;