Ravindra Singh - (1.) -The applicant Asif has filed Criminal Misc. Bail Application No. 21897 of 2006 and the applicant Chunnu Teli has filed Criminal Misc. Bail Application No. 19714 of 2006 with a prayer that they may be released on bail in Case Crime No. 808 of 2006 under Sections 288, 427, 338, 304 and 506, I.P.C. P.S. Nagina district Bijnor.
(2.) BOTH the applications are filed in the same Case Crime No. 808 of 2006 therefore, both the application are being disposed of by a common order. The prosecution story in brief is that the F.I.R. of this case has been lodged by Mithlesh Bhatnagar on 26.7.2006 at about 8.45 a.m., in respect of the incident which had occurred in the night of 25/26.7.2006 at about 12.30 O'clock. The applicants and other co-accused persons are named in the F.I.R. The distance of the police station was 1 km. from the alleged place of occurrence. The allegation against the applicant and other co-accused persons is that the deceased Umesh Bhatnagar alongwith his wife and son was residing in his house in mohalla Kayastha Sarai Nagina district Bijnor. The accused persons namely Yamin alias Minna and the applicant Chunnu Teli, co-accused Rais alias Munnu and Asif came to the deceased Umesh Bhatnagar and asked to sale his house otherwise they will be taken by force because they had purchased plot adjoining to his house in the east side but the deceased Umesh Bhatnagar refused to sell his house. Thereafter, with the intention to commit the murder of the deceased Umesh Bhatnagar and all the family members, they dig deep foundation by machine near the house of the deceased. The people residing in the same locality namely Suresh Kumar and Pradeep Bhatnagar and other gathered at the place of occurrence, then the accused persons left the place of occurrence after extending threat and to leave the house. In the night of 25/26.7.2006 at about 12.30 O'clock the house of the applicant collapsed consequently, Umesh Bhatnagar and his son Saurabh died instantaneously and remaining family members namely Smt. Anshu, wife of the deceased Umesh Bhatnagar, son Shivam and his daughter's son Priyatam Bhatnagar became seriously injured and with the help of the people of the locality they were taken out. Heard Sri Mukhtar Alam and Sri Ashish Chaudhary, learned counsel for the applicant, learned A.G.A. and Sri Rajiv Sisodiya and Sri Atul Sisodiya, learned counsel for the complainant.
(3.) IT is contended by the learned counsel for the applicant that there was no motive or intention of the applicant to commit the alleged offence. The alleged occurrence has taken place on account of the collapse of the house of the deceased and there was no fault on the part of the applicants. The digging of the foundation was done in the plot owned by the applicants and in digging the foundation there was no fault on the part of the applicants. The alleged occurrence has taken place in the month of July and heavy rain fall occurred in district Bijnor as a result of which the house of the deceased, which was in a dilapidated condition, collapsed. IT was a pure accident. The applicants are innocent. They have been falsely implicated in the present case due to ill will of the first informant. In reply to the above contentions, it is submitted by the learned A.G.A. and the learned counsel for the complainant that the act done by the applicant and other co-accused persons is indicative of their highhandedness and deliberate. In rainy season a deep foundation was dug by machine so that the house of the deceased might be collapsed. In this case two persons have lost their lives and three persons sustained injuries. The accused persons were pressurizing the deceased to sell the house in their hands on denial in order to kill the whole family members, they dug the foundation adjacent to his House in a rainy season knowing it well that the house of the deceased would be collapsed definitely and in the same night the house was collapsed. The gravity of the offence is too much. The applicant and other co-accused persons are very powerful persons. In case, they are released on bail, they shall tamper with the evidence.;