Ravindra Singh - (1.) - This application has been filed by the applicant Anuj Kumar Singh with a prayer that he may be released on bail in Case Crime No. 384 of 2005 under Sections 147, 148, 149, 302 and 307, I.P.C. P.S. Sikandra Rau, district Hathras.
(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Dharam Vir Singh on 18.10.2005 at about 12.15 p.m. in respect of the incident which had occurred on 18.10.2005 at about 11.00 a.m. THE applicant and five other co-accused persons are named in the F.I.R. and two persons were unknown who committed the alleged offence. THE distance of the police station was about 15 km. from the alleged place of occurrence. It is alleged on 18.10.2005 at about 11.00 a.m. the deceased Vyas Kumar first informant and Shiv Kumar were sitting at their hotel, at that time Chhote and Bhure were also sitting there. In the meantime, two boys came on the motorcycle, they place the order for the tea and were having conversation with the deceased. THEreafter one Maruti Car No. 5007 having black coloured glasses came there from the side of Sikandara Rau, which was stopped at the hotel. It was driven by the applicant in which co-accused Avaneet alias Tillu, Arendra, Shilu and Ashok Kumar Yadav were sitting, they came out from the Car having fire arm. At the exhortation of the co-accused Avaneet they discharged shots. THE two unknown miscreants who had already come on motorcycle also discharged the shots consequently, the deceased Vyas Kumar received injuries. THE firing was done towards the first informant also but luckily he could not receive any injury. After committing the alleged offence the applicant and other co-accused persons fled away by their car and motorcycle. THE deceased died instantaneously, after receiving the gun shot injury. According to the Post Mortem Examination Report the deceased had received 10 ante mortem injuries in which injury Nos. 1, 3, 6, 8, 9 and 10 were gun shot wounds of entry, injury Nos. 2, 4 and 7 were gun shot wounds of exits and injury No. 5 was abrasion. Heard Sri V. P. Srivastava, senior advocate, assisted by Sri N. S. Chahar, learned counsel for the applicant, learned A.G.A. for the State of U. P. and Sri Sanjay Kumar Dubey, learned counsel for the complainant. It is contended by the learned counsel for the applicant that the applicant is an innocent person, he has not committed the alleged offence but he has been falsely implicated in the present case due to the ill will of the first informant. The applicant as well as other family members have been implicated in the present case. According to the prosecution version itself, two unknown miscreants also participated in the commission of the offence. In the presence of the unknown miscreants there was no need of taking participation by the applicant and other co-accused who are named in the F.I.R. The applicant and his brother co-accused Avaneet alias Tillu were not present at the time and at the place of the occurrence. The applicant had gone to Nepal. He was admitted in Om Hospital and Research Centre (P.) Ltd. Chabahil Kathmandu Nepal on 18.10.2005 from where he was discharged on 19.10.2005 and the co-accused Avaneet alias Tillu had gone to Bankok. He travelled on 16.10.2005 from Mumbai to Bankok and return to Mumbai on 21.10.2005 by a Thai Airways and on account of their alibi they filed Criminal Misc. Writ Petition No. 11140 of 2005 for quashing the F.I.R. Considering the same, the Division Bench of this Court has stayed the arrest of the co-accused Avaneet Kumar alias Tillu on 28.10.2005 but the same prayer was refused to the applicant. In the present case local police was not doing fair investigation therefore, the matter was transferred to the S.I.S. Agra vide order dated 10.11.2005 passed by the D.I.G., Agra Range. The Investigating Officer of the Agra Range has submitted final report in this case on 30.1.2006, which was objected by the complainant. Thereafter the investigation was again transferred to S.I.S., Mainpuri, which submitted the charge-sheet against the applicant and submitted the final report in favour of the co-accused Ashok Yadav, in such circumstances the implication of the applicant has become doubtful because the Investigating Officer of the S.I.S., Agra, has submitted final report in favour of the applicant. The applicant is having no criminal antecedent. He has been falsely implicated therefore he may be released on bail.
(3.) IN reply to the above contentions made by the learned counsel for the applicant, it is submitted by the learned A.G.A. and the learned counsel for the complainant that in the present case, the applicant is named in the F.I.R. which has been promptly lodged. The deceased has been murdered in broad daylight in the presence of the witnesses. The applicant was properly identified and the prosecution story is fully corroborated by the medical evidence. The plea of alibi shall be considered at the stage of the trial, if it is taken and proved by the applicant. The applicant and other co-accused persons are very influential persons. They successfully managed the INvestigating Officer of S.I.S., Agra, who submitted the final report ignoring the statement of the witnesses, it is a pre-planned murder and the applicant is having criminal antecedent also. He is involved in Case Crime No. 327 of 2004 under Sections 147, 148, 149 and 307, I.P.C. P.S. Kasganj, district Etah and Case Crime No. 414 of 2005 under Sections 147, 149 and 307, I.P.C. P.S. Sikandra Rau district Hathras. IN case he is released on 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 I am of the view that on the allegation made against the applicant, he is not entitled for bail. The plea of alibi shall be considered by the trial court, if it is taken by the applicant, and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. The prayer for bail is refused.;