Ravindra Singh - (1.) THIS application has been filed by the applicant Niyamul Raza with a prayer that he may be released on bail in Case Crime No. 3/94 (S.T. No. 174 of 2005), under Sections 147, 148, 149 and 302, I.P.C., P.S. Satti, district Kanpur Dehat.
(2.) THE prosecution story in brief is that in this case F.I.R. has been lodged by Afaq Ahmad Fatmi on 11.1.1994 at 3.00 p.m., in respect of the incident which had occurred on 11.1.1994 at about 3.00 p.m. THE applicant and six other co-accused are named in F.I.R. According to prosecution version applicant was armed with rifle and other co-accused persons were armed with country made pistols and bombs. It is said that all the accused persons caused injuries, consequently two persons received injuries, who succumbed to their injuries on the spot. Heard Sri S. R. Verma, learned counsel for the applicant, learned A.G.A. and Sri S. K. Srivastava, learned counsel for the complainant. It is contended by learned counsel for the applicant that according to prosecution version the applicant was armed with rifle. The role of firing is assigned to the applicant and other co-accused, but according to the post mortem examination report none of the injury was caused by the rifle, the injuries have been caused by other firearms. The applicant is in jail since 18.5.2005, the proceedings of trial are stayed only because the original record of this case has been sent to this Court in Criminal Appeal No. 3668 of 2005. The applicant in jail without trial, it is not likely to be commenced in near future.
(3.) IN reply of the above contention it is submitted by learned A.G.A. that the alleged occurrence has taken place in a broad day light. F.I.R. has been promptly lodged. IN this case two persons have lost their lives, injuries were caused by firearm including the rifle. It is further contended that the applicant remained on absconding for about 12 years and co-accused of this case namely Atiq, Shamim alias Munna, Shakil and Vikaar have been convicted by the trial court, they have filed their Criminal Appeal No. 3668 of 2005 before this Court which is pending, in which co-accused Shamim alias Munna and Vikaar have been released on bail considering their period of detention, i.e., about seven years. IN case the applicant is released on bail, he shall tamper with evidence and he may abscond also. Considering the fact, circumstance of the case, submissions made by learned counsel for the applicant, learned A.G.A. and learned counsel for the complainant, considering the gravity of the offence, and the conduct of the applicant who remained on absconding for about 12 years and without expressing any opinion on the merit of the case, the applicant is not entitled for bail. The prayer for bail is refused.;