Ravindra Singh - (1.) -This application has been filed by the applicant Gori and Pappu with a prayer that they may be released on bail in Case Crime No. 2273 of 2006 under Sections 147, 148, 149, 302, 323, 506 and 34, I.P.C. P.S. Kotwali Nagar district Muzaffarnagar.
(2.) THE prosecution story in brief is that that F.I.R. of this has case been lodged by one Maroof at P.S. Kotwali on 28.10.2006 at 6.30 p.m. in respect of the incident which had occurred on 28.10.2006 since 3.30 p.m. to 3.40 p.m. near Kadir Rana Chowk Khadar Wala, the distance of the police station was about 1 km. from the alleged place of occurrence. THE applicants co-accused Kadir Rana and co-accused Noor Salim are named in the F.I.R. and two miscreants were unknown. It is alleged that on the day of the alleged occurrence voting for election of Nagar Palika, Muzaffar Nagar was going on in which injured Rashid Siddiqui was candidate from Samajwadi Party for the post of Chairman, there was a candidate from the Lokdal Party also. THE co-accused Kadir Rana was the State level leader of Lokdal Party, on various occasions at different polling booth, there had been some altercations between injured Rashid Siddiqui and the co-accused Kadir Rana. THE first informant was driving the vehicle of Rashid Siddiqi in which the deceased Muzaffar Rana Ex-Pradhan, injured Raizul, one gunner Subodh of Rashid namely and injured Rashid Siddiqui were also sitting, they were going towards Prempuri from polling station of Jainbia school, when reached in front of the house of co-accused Kadir Rana at about 3.30 p.m. the co-accused Kadir Rana armed with pistol, co-accused Noor Salim armed with country made pistol, applicants armed with lathi, and two unknown miscreants, who were also armed with lathi met them who were standing there, they intercepted by using lathi blows on the vehicle, thereafter all the occupants of the vehicle were forcibly dragged out one by one, then the co-accused Kadir Rana and co-accused Noor Salim caused fire arm injuries on the person of the deceased Muzaffar Rana, consequently, he became injured the first informant Maroof, Rashid and Riazul were also beaten by lathis when the gunner of Rashid Siddiqui discharged shots in air just to scar away the assailants then the assailants fled away from the place of occurrence. THE deceased in an injured condition was taken to the hospital where he was declared dead. THEreafter, the first informant went to the police station and lodged the F.I.R. of this case. THE Post Mortem examination on the body of the deceased was done on 28.10.2006 at 10.45 p.m., as per Post Mortem Examination Report, the deceased has received five ante-mortem injuries in which injury No. 1 was gun shot wound of entry on the right side of the face, its exit wound was injury No. 2. Injury No. 3 was gun shot wound of entry on the left side of abdomen its exit wound was injury No. 4 and injury No. 5 was abraded contusion on the upper arm. The injured Riazul Hasan was medically examined on 29.10.2006 at about 11.30 a.m. at C.H.C. Khatauli. He had received 2 injuries in which injury No. 1 was abraded contusion over anterior medial aspect of left knee upper joint. Injury No. 2 was complaint of pain from front of right chest and of its right side back. The injured Maroof, first informant, of this case was medically examined on 29.10.2006 at 11.45 a.m. He was having complaint of pain of the left side of upper chest to left nipple and left leg. The injured Rashid Siddiqui was medically examined on 28.10.2006 at about 4.30 p.m. at District Hospital Muzaffarnagar. He had received 2 injuries. Injury No. 1 was contusion 8 cm. x 5.5 cm. on the back side of the head upper part radish in colour and injury No. 2 was contusion 3 cm. x 2.5 cm. back of chest middle part redish in colour, he was having complaint of headache and vertigo.
(3.) HEARD Sri Satish Trivedi, senior advocate, assisted by Sri Kamal Kishore Mishra and Sri V. P. Srivastava, senior advocate, assisted by Sri Lav Srivastava for the applicant, learned A.G.A. for the State of U. P. Sri J. S. Sengar and Kameshwar Singh, learned counsel for the complainant. It is contended by the learned counsel for the applicant that : (i) according to the prosecution version also the incident was not pre-intended, it had taken place all of sudden when the vehicle of injured Rashid Siddiqui reached in front of the house of the co-accused Kadir Rana. (ii) the applicant did not cause any injury on the person of the deceased whereas it has been specifically alleged that the injuries on the person of the deceased were caused by the co-accused Kadir Rana and co- accused Noor Salim, the allegation against the applicant is that they were armed with lathis and two unknown miscreants were also armed with lathis, they used lathi blows on the vehicle of the Rashid Siddiqui and they caused injuries on the persons of the first informant Maroof, Riazul Hasan and Rashid Siddiqui, as per medical examination report of Riazul Hasan and Rashid Siddiqui, the injuries were caused by hard and blunt object and the injuries were simple in nature and the injured Maroof Rana was having only complaint of pain, no visible injury was seen on his person, the act of the applicants will not go beyond the ambit of the offence punishable under Section 323, I.P.C. (iii) that there was a cross version of the alleged incident in which one Furkan had received gun shot injury on his left arm he was medically examined on 29.10.2006 at 9.am. at medical college Meerut, his case was referred from C.H.C. Khatauli district Muzaffarnagar. He had received 2 lacerated wound, in which injury No. 1 was lacerated wound 1 cm. x 1 cm. x muscle deep on lateral aspect of left arm, blackening around the wound was present, its exit wound was injury No. 2, which was also lacerated wound 1.5 cm. x 1 cm. on anterior medial aspect of left arm upper part, the injuries were half to one day old caused by discharge of fire arm, its first information report was sent by Mohd. Rashid Rana, uncle of the injured Furkan to the S.H.O. P.S. Kotwali Muzaffarnagar on 28.10.2006 but the cross case was not registered by the police but it was made a part of the first parcha of the case diary of the present case. The injured of the cross case Furkan was initially consulted at C.H.C. Khatauli from where he was referred to the medical college where he was medically examined on 29.10.2006 at 9.00 a.m. the injuries of Furkan has not been explained by the prosecution the prosecution has not come with clean hands. (iv) the Investigating Officer recorded the statement of the first informant on 28.10.2006 who supported the F.I.R. version. Thereafter the Investigating Officer prepared the spot inspection note and after completing certain other formalities, the Investigating Officer recorded the statement of Mohd. Master Kallan, Mohd. Shamshad, Mohd. Saghir Ahmad, Mohd. Ifthekhar, Ali Abbas and Babban, who were either the resident of the same locality or they were present at the alleged place of occurrence, according to their statements also some scuffle and marpeet was taken place between the supporter of Mohd. Rashid and co-accused Kadir Rana in which the deceased Muzaffarnana received injuries. Therefore, the plea of self defence was supported by them. (v) the F.I.R. of this case is ante-timed, it was not in existence at the time of preparation of inquest report, it was not in existence as alleged by the prosecution at 6.30 p.m. on 28.10.2006 because a memo was sent from District Hospital to police station Kotwali mentioning therein that the person namely Muzaffar Rana has been brought dead at 4.15 p.m. on 28.10.2006, it was received at the police station Kotwali on 28.10.2006 at 5.30 p.m. recorded in G.D. No. 25 dated 28.10.2006, as per G.D. entry, some unknown persons were fled away alongwith the dead body at the stretcher from the hospital, on this information two constables and one Sub-Inspector were sent for necessary action and for preparation of the inquest report, the proceedings of inquest were initiated at 6.45 p.m. on 28.10.2006, the inquest report was prepared by S.S.I. Deepak Malik whereas the time of the alleged F.I.R. has been shown as 6.30 p.m. on 28.10.2006, which shows that Sri Deepak Malik S.S.I. who conducted the proceedings of inquest was having the copy of the F.I.R. and its G.D. entry but in the inquest report there was no reference of the crime number and G.D. entry No. 30 dated 28.10.2006 by which the F.I.R. was registered but the reference of G.D. entry No. 25 was made in the inquest report. From the perusal of the inquest report, it also appear that some necessary entries were made, later on after filling up the blank places, its shows that the F.I.R. was not in existence. (vi) The statement of the injured Mohd. Riazul was recorded on 30.10.2006 at 10.00 and on the same day the statement of constable Subodh Kumar, Gunner of Rashid Siddiqui was recorded by the Investigating Officer but the statement of Rashid Siddiqui was recorded on 5.11.2006. it was the star witness, there is no plausible explanation of delay in recording the statement of above mentioned witnesses including Rashid Siddiqui. (vii) The co-accused Kadir Rana was also provided police security. Seven police persons were deputed for his safety as Sub-Inspector K. P. Nigam, Constable Deepak Malik, Constable Harendra Singh, H. G. Ajeet Singh, H. G. Ranjeet Singh, H. G. Sugar Singh, H. G. Tara Singh, but it is surprising that they were not interrogated by the Investigating Officer. (viii) One Constable Anil Kumar Mishra was also interrogated under Section 161, Cr. P.C. on 8.11.2006 but he gave a different version as of Subodh Kumar. He stated that Rashid Siddiqui used to go so fast just to avoid company of another vehicle. He further stated that some scuffle had taken place between both the parties and he tried to save Rashid Siddiqui, according to this statement also there was cross version of the incident and it this state it is very difficult to ascertain that which of the party was the aggressor. (ix) The applicant and other co-accused are falsely implicated under political pressure when threatening was given by the various M.Ps. and M.L.As. belonging to Samajwadi Party to resign from their offices, under their pressure the applicant was arrested. (x) The applicant is innocent, he has been falsely implicated in the present case, even on the basis of allegations the applicants did not cause any injury to the deceased, it can be said that they caused the injuries by their lathis on the persons of the injured, which were simple in nature. Therefore, he may be released on bail. ;