Ravindra Singh - (1.) THIS bail application has been filed by the applicant Kishori Lal with a prayer that he may released on bail in Case Crime No. 326 of 2007 under Sections 147, 148, 149, 307, 302, 34, I.P.C., Section 7 of Criminal Law (Amendment) Act and under Section 10/12, D. A. A. Act, P.S. Karvi, District Chitrakoot.
(2.) HEARD Sri Viresh Mishra, senior advocate assisted by Sri Birendra Singh learned counsel for the applicant and learned A.G.A. for the State of U. P. From the perusal of the record it appears that in the present case the F.I.R. has been lodged by Dhirendra Rai, Deputy S. P., Special Task Force on 2.7.2007 at 11.30 a.m. in respect of the incident which had occurred after 8.00 a.m. to 11.30 p.m. on 22.7.2007, the distance of the police station concerned was about 35 kilometres from the alleged place of occurrence in which the applicant and 15 other co-accused persons are named as accused. It is alleged that the first informant alongwith other police personnel were present in district Chitrakoot for the purpose of liquidation of dacoits. On the basis of information given by mukhbir khas the first informant and his companions went to the jungle by way of coming where no public person was available. The first informant and his companion constituted the team for the purpose of arresting the dacoits facing the police encounter and they proceeded towards the hills of the forest and they gave a challenge to the dacoits. But the dacoits discharged the shots indiscriminately towards the police party also. In the self defence firing was done by the police party also, but the dacoits successfully escaped from the alleged place of occurrence. One dacoit in a khakhi dress was found dead, one rifle of 315 bore and cartridge fixed in the belt were found. The dacoit was identified as Maiyadeen who was active member of Thokiya Gang. In the said incident some people of police party and dacoits who escaped successfully have also sustained injuries because the trail of the blood was found. The police party proceeded further, but in the way, the dacoit Thokiya alias Ambika Patel along with his 30 or 35 associates attacked on the S.T.F. party by their automatic weapons and on his defence the firing was done by S.T.F. party also. In the said incident six S.T.F. personnel and one mukhbir khas Ram Karan lost their life and ten S.T.F. personnel sustained injuries. The name of the applicant has been disclosed as one of the active member of Thokiya Gang. The submission made by learned counsel for the applicant is that it was not possible for S.T.F. personnel for naming him because he was not known to them prior to the alleged incident and the applicant is not having criminal antecedent. The applicant is a big contractor, he has been falsely implicated at the instance of Sri Purusottam Naresh Dwivedi, M.L.A. of Bahujan Samaj Party who is in power. The applicant was not having any association with Thokiya gang and the gang of Thokiya has committed the alleged offence only because one of the dacoits Maiyadeen was killed by S.T.F. in encounter. The District Magistrate, Chitrakoot had issued a good certificate for the purpose of arm licence prior to the alleged incident. The applicant was arrested on 10.5.2007, he was beaten at the police station, he was medically examined in the jail and had sustained injuries whereas the applicant was not medically examined by the police. According to the list of the members of the Thokiya gang and Daduwa gang issued by the Government the name of the applicant is not mentioned therein. In the gang of the Thokiya 13 persons have been shown and in the list of Daduwa gang ten persons have been shown. The applicant has initiated the proceedings of contempt also against the local police etc. in respect of his arrest shown on 10.5.2007 under Section 216, I.P.C. Due to which the local police was annoyed and the applicant was named in the present case. The applicant is a income-tax payee for which it is replied by learned A.G.A. that six persons of the S.T.F. and one mukhbir khas have lost their life and there are ten persons who sustained injuries, the applicant is named in the F.I.R. The gravity of the offence is too much. In case the applicant is released on bail, he shall tamper with evidence and the ground taken by learned counsel for the applicant for releasing the applicant on bail may be adjudicated at the time of the trial, therefore, the applicant may not be released on bail. Considering the facts, circumstances of the case, submissions made by learned counsel for the applicant, learned A.G.A., considering the gravity of the 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.;