Ravindra Singh - (1.) -This application has been filed by Ramesh Singh with a prayer that he may be released on bail in Case Crime No. 819 of 2005 under Sections 302 and 120B, I.P.C. and Section 7, Criminal Law Amendment, P.S. Kotwali, district Azamgarh.
(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Rajesh Kumar Rai, Deputy Jailer on 4.8.2005 at 7.40 a.m. in respect of the incident which had occurred on 4.8.2005 at about 7.15 a.m. THE alleged incident has occurred near residence of deceased in district jail, Azamgarh. It is alleged that the deceased was going to his residence from the district jail but near his residence three motorcycle borne miscreants discharged the shots consequently the deceased received injuries but deceased noted the name of miscreants on his trouser as Taiyab Shekh alias Sheru, the associate of the applicant Ramesh Singh and one unknown miscreant. THE co-accused Taiyab Shekh alias Sheru was detained in district jail, Azamgarh but he was released on bail on 6.6.2005. THE second miscreant was associate of the applicant Ramesh Singh and third miscreant could not be identified. During investigation the statement of constable Rajesh Tiwari and other witnesses, were recorded by the Investigating Officer under Section 161, Cr. P.C. According to the statements of the witnesses the applicant was detained in district jail, Azamgarh but was sent to the court in police custody on 28.7.2005, who came back to the jail on the same day at about 5.00 p.m., he was on drunken condition and smell of the liquor was coming out from his mouth, he was asked by the deceased that why he had taken the liquor and his search was taken by putting off his shoes etc. on that the applicant became too much annoyed and made havoc by uttering unnecessary words then siren of the jail was used, consequently the officials of the jail came at the place of the occurrence, in their presence the applicant had extended a threat to the deceased that he would be given a lesson very soon for the insult done by him and he gave warning to face the same. For his misconduct the applicant was transferred from District Jail, Azamgarh to District jail, Gorakhpur on 29.7.2005. He left the jail Azamgarh on 29.7.2005 at about 7.30 a.m., he met the co-accused Taiyab Shekh alias Sheru, Upendra alias Bhakandar, Pappu Miyan and Dinesh Tiwari outside the jail near the gate, at that time they were having some conversation. It is said that the Jail Superintendent has been murdered in furtherance of conspiracy hatched by the applicant. According to the post mortem report the deceased had received ten ante mortem injuries. Heard Sri P. C. Srivastava, learned counsel for the applicant and learned A.G.A. for the State of U. P. It is contended by learned counsel for the applicant that no active role of committing the murder has been assigned to the applicant, even his presence has not been shown at the alleged place of occurrence, he has been implicated only against that deceased has written the name of the persons who committed the murder on his trouser, in which it was mentioned that one of the miscreant was associate of the applicant. No identification marks of that person have been disclosed, even there is no evidence of hatching the conspiracy. On the day of the alleged occurrence the applicant was detained in district jail, Gorakhpur, the only allegation against him is that there had been some altercation between the applicant and the deceased, when the applicant was brought to the jail from the Court, at that time the search was made by the deceased putting off his shoes etc. in which he had felt insult and havoc was created by him inside the jail and in which he had extended a threat to the deceased and there is no evidence against the applicant and the statement of the witness Rajesh Tiwari that he had heard the conversation of the co-accused Taiyab Shekh alias Sheru, Upendra alias Bhakandar and Dinesh Tiwari who were uttering that the work entrusted by the applicant to commit the murder of the Jailor Deep Sagar is to be done is having least importance. The co-accused Akhlaak Ahmad alias Pappu whose case is also on the similar footing with the case of the applicant has been released on bail by Hon'ble C. P. Mishra, J. on 17.11.2006 in Criminal Misc. Bail Application No. 21355 of 2005, therefore, the applicant may also be released on bail.
(3.) IN reply of the above contention, it is submitted by learned A.G.A. that in the present case, the Jailor of the District Jail, Azamgarh has been murdered. There is sufficient evidence against the applicant to show that he was having strong motive for committing the murder of the deceased, he made a conspiracy, in furtherance of that conspiracy deceased has been murdered by his associates. The evidence collected by the INvestigating Officer is sufficient to establish that the applicant is the person on whose instance the deceased has been murdered. The gravity of the offence is too much. IN case, the applicant is released on bail, he may tamper with evidence. Considering the facts, circumstances of the case, submissions made by learned counsel for the applicant, learned A.G.A., considering the gravity of this offence which is too much and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. The prayer for bail is refused. Accordingly this application is rejected.;