Ravindra Singh - (1.) -This application has been filed by the applicant Raj Kumar Mishra with a prayer that they may be released on bail in Case Crime No. 134 of 2006 under Sections 147, 148, 149, 302, I.P.C. and under Section 7, Criminal Law Amendment Act, P. S. Basdih district Ballia.
(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Pawan Kumar Mishra on 3.9.2006 at about 13.35 p.m. in respect of the incident which had occurred on 3.9.2006 at about 2.30 p.m., the applicant and five other co-accused persons are named in the F.I.R. the distance of the police station was about 5 k.m. from the alleged place of occurrence. It is alleged that the applicant and other co-accused persons had beaten the priest of Hanuman Mandir namely Bhairon Baba on 1.9.2006, which was objected by Avinash Kumar Mishra who came in rescue of Bhairon Baba. THErefore, the co-accused Sugriv and his brother had extended threat to commit the murder of Avinash Mishra but anyhow he escaped from the place of occurrence. On 3.9.2006 at about 10.30 a.m. there had been a meeting of the villagers to settle the dispute but on the same day at about 2.00 p.m. hired criminals namely Nand Kishore Yadav, Arvind Singh and four or five others unknown miscreants called by the co-accused Sugriv and his brother raided the house of the first informant but the brother of the first informant was not found by them, thereafter, the hired criminals came at the Saw Mill at about 2.30 p.m. where firing was done, then the first informant and other persons came at the place of occurrence and saw that one unknown miscreant was shot dead who was lying in the Varandah and the miscreants were running from there. THEy were chased by the first informant and the villagers, consequently, the co-accused Nand Kishore, Bachchan and Krishna Kumar were apprehended after causing the injuries and the co-accused Arvind was apprehended from a room of saw mill. THE applicant and other co-accused persons who were apprehended by the villagers disclosed that they had come to commit the murder of Avinash Mishra. THEreafter, the deceased Gharbharan Yadav demanded the money from the applicant who discharged the shots causing injury on the person of the deceased Gharbharan Yadav. From the possession of Krishna Kumar Mishra one Chapar was recovered. According to the post mortem examination report the deceased had received multiple firearm wounds of entry. Heard, Sri Arvind Kumar Shukla, learned counsel for the applicant, learned A.G.A. for the State of U. P. and Sri Baccha Singh, learned counsel for the complainant. It is contended by the learned counsel for the applicant that according to the prosecution version itself some hired criminals were called by Sugriv and his brother to commit the murder of Avinash Mishra but Avinash Mishra could not be available, thereafter they went to the saw mills where the firing was done consequently, one miscreant Ghardharan Yadav was shot dead. It is said that the remaining miscreants were chased by the villagers in which the co-accused Nand Kishore, co-accused Bachchan Misra and Krishna Kumar were apprehended and from the possession of the co-accused Krishna Kumar one chapar was recovered and co-accused Arvind was apprehended from the room of saw machine applicant but the deceased has not received any injury caused by chapar and no weapon was recovered from the possession of other co-accused who were apprehended by the public. There is a cross-version. An application under Section 156 (3) was also filed by the co-accused Karishna Kumar Mishra in which co-accused Nand Kishore Yadav had sustained injuries and there was a fracture of fifth, seventh, eight and ninth rib of the left side of the chest. The prosecution has not come with clean hands because no person from the side of the first informant had received any injury. The applicant has been falsely implicated in the present case due to village party bandi and the applicant is having no criminal incident.
(3.) IT is submitted by the learned A.G.A. and the learned counsel for the complainant that there is a dispute between the first informant and co-accused Sugriv Misra, Krishna Kumar Misra, Raj Kumar Misra and Bachchan Misra sons of Late Baij Nath Misra. They have hired the accused Nand Kishore Yadav, Arvind Yadav and four or five unknown miscreants to commit the murder of the brother of the first informant who came at the house of the first informant but the brother of the first informant could not meet him that is why they went towards the Saw Machine, there had been dispute amongst accused persons in respect of the payment of the money settled for committing the murder of the brother of the first informant. IT is specifically alleged that the shot discharged by the applicant hit the deceased Gharbharan Yadav. The deceased Gharbharan Yadav was also harden criminal. In case the applicant is released bail, he shall tamper with the evidence. Considering the facts, circumstances of the case and the submissions made by the learned counsel for the applicant and the learned A.G.A. and the learned counsel for the complainant considering the role of applicant causing injury to the deceased and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. Therefore, prayer for bail is refused.;