- (1.) S. S. Kulshrestha, J. Heard Sri Dilip Kumar, learned Counsel for the applicant and the learned AGA.
(2.) THE bail application has been moved on behalf the accused applicant Sri Rakesh alleged to be involved for the offence under Sections 147, 148, 149, 302 IPC and also under Section 7 of the Criminal Law Amendment Act in Case Crime No. 1829 of 2000, Police Station Sipri Bazar, District Jhansi. It is said that the entire case has been fabricated against the accused applicant because of fast enmity. The FIR version goes to show that on 26th September, 2006 Sri Shiv Shanker, nephew of the complainant, who was suffering incarceration in a murder case, was to be produced in the Court of Sessions Judge. Sri Shree Lal, brother and Shiv Ram alias Lalai, nephew and Sri Mahesh, brother of the complainant went to previous night for doing necessary pairvi. After reaching Jhansi they decided to go early in the morning to have darshan of Peetambar Peet Patia. Sri Shree Lal and Sri Mahesh preferred to stay at the residence of Sri Munna Yadav and Sri Shiv Ram alias Lalai (deceased) went to stay at Rahul Guest House. Early in the morning on 26th September, 2006 at 4. 20 a. m. when Sri Shree Lal and Sri Mahesh reached at the Guest House, they saw accused applicant alongwith six other persons armed with rifle, country made pistol and gun and started making indiscriminate firing resultantly causing death of Sri Shiv Ram alias Lalai. Arguments were advanced that the incident as per FIR version had taken place on 26th September, 2006 at about 4. 20 a. m. and its report was lodged at the Police Station at about 5. 30 a. m. in a gap of one hour and ten minutes. Emphasis has been laid that this report was lodged by Sri Botham Singh who was admittedly not accompanying the witness who went for doing pairvi. There was distance of 60 Kms. from the residence of the complainant and the place of occurrence. Nowhere his presence at the time of incident in the report or in the statements of S/sri Shree Lal and Mahesh has been assigned. The report is also said to be ante- timed. Much thrust has been laid that statements of both these witnesses namely S/sri Shree Lal and Mahesh were recorded after about eight days by the Investigating Officer. That would also show to be subsequent improvement in the case. Let the accused applicant for the offences indicated above, be released on bail subject to his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Chief Judicial Magistrate concerned. Bail granted. .;