RAVINDRA SINGH, J. - (1.) HEARD Sri Virendra Singh, learned Counsel for the applicant and learned A.G.A.
(2.) IT is contended by learned Counsel for the applicant that FIR lodged against the applicant is absolutely false and base­less, it is highly improbable also because according to the FIR the applicant and other co-accused persons had come to put a Chhapper in front of the house of the first informant which was abducted by the wife of the first informant, then the chhapper was sat on fire, thereafter the applicant and other co-accused persons hurled the abuses they did marpeet and threw the injured in a burning fire. One Dheeru, the son of the first informant came in rescue of his mother, he also sustained burn injuries. The alleged occurrence has taken place in the house of the first informant in which his wife and son had sustained burn inju­ries. But the applicant has been falsely implicated on account of dispute of raising the hut and injuries sustained by both the injured are not dangerous to life. The ap­plicant is not having criminal antecedent, he may be released on bail. In the present case the co-accused Smt. Kusma Devi whose case was identical with the case of the applicant has been released on bail by the another Bench of this Court on 23.5.2008 in Criminal Misc. Bail Applica­tion No. 12855 of 2008. In reply of the above contention, it is submitted by learned A.G.A. that in the present case the role of setting the Chapper on fire has been assigned to the applicant and it has been specifically alleged that applicant and other co-accused persons threw the injured Smt. Ram Dulari into the burning fire who had sustained burn inju­ries in area of 63%, the injuries were griev­ous in nature. The injured Dheeru who came in rescue of his mother also sustained the burn injuries. The co-accused Smt. Kusuma Devi has been released on bail considering the fact that she is a woman aged about 50 years. The case of the appli­cant is distinguishable with the case of the above co-accused. In case the applicant is released on bail, he may tamper with evi­dence.
(3.) CONSIDERING the facts, circum­stances of the case, submissions made by learned Counsel for the applicant, learned A.G.A., the role assigned to the applicant and injuries of the injured of Smt. Ram Dulari which are grievous, the gravity of the offence is too much, the case of the applicant is at par with the case of co-accused Smt. Kusuma Devi who has been released on bail and without expressing any opinion on the merit of the case, the applicant is not entitled for bail. The prayer for bail is refused.;