- (1.) VIJAY Kumar Verma, J. Prayer for bail has been made on behalf of the applicant-accused Yashpal Singh, who is involved in case crime no. 357 of 2007, under Sections 147, 148, 149, 302, 307, 504 and 120-B I. P. C. and Section 2/3 of U. P. Gangsters & Anti Social Activities (Prevention) Act as well as Section 7 Criminal Law Amendment Act, P. S. Kotwali, Distrcit Jhansi.
(2.) FOUR persons namely Arvind , Devendra, Kamlesh and Ashok were brutally murdered and grievous injuries were caused to Suresh and Arvind in the broad day light incident, which occurred on 30. 3. 2007 at about 2. 00 P. M. . First information report of that incident was lodged on 30. 3. 2007 at 5. 05 P. M. by Rajesh Yadav s/o late Hari Ram Yadav, r/o village Mairy, P. S. Navbad, District Jhansi at P. S. Kotwali, Jhansi; where a case under Sections 147, 148, 149, 302, 307, 504 and 120-B I. P. C. , and Section 2/3 of U. P. Gangsters & Anti Social Activities (Prevention) Act as well as Section 7 Criminal Law Amendment Act was registered against Krishna Pal alias Lalla Yadav, Shisu Pal Yadav, Sumit Yadav, Sheetal Yadav, Arvind Yadav, Ram Pal, Lakhan Yadav, Ravi Yadav, Ajab Singh Yadav, Yash Pal Singh (applicants herein) and two unknown persons. The allegations in the F. I. R. , in brief, are that about 15 days ago, the police had made a raid at the house of Yashpal Singh from where arms and ammunition in huge quantity were recovered. Yash Pal Singh had suspicion that Ashok Yadav, cousin brother of the complainant, had informed the police and on this basis Yashpal Singh and his family members began to have enmity with Ashok Yadav. On 18. 3. 2007 at about 5. 00 P. M. . Yashpal Singh had threatened Ashok Yadav that if he had to go to jail in the case of search of his house, then remaining in jail itself he would get his entire family members killed. It is further alleged in the F. I. R. that on 30. 3. 2007 at about 2. 00 P. M. when the complainant Rajesh Yadav, his cousin brothers Arvind and Raghvendra both sons of late Santosh Singh, his nephew Surendra s/o late Munna Lal, cousin brother Ashok s/o Dasrath and his nephew Jitendra and Devendra, both sons of Satish were present at his building material shop and Kamlesh Kushwaha s/o Bhagwan Das, and Harcharan s/o Ghanshyam Yadav were also sitting in the shop, the accused Krishna Pal alias Lalla Yadav, Shisu Pal Yadav, Sumit Yadav, Sheetal Yadav, Arvind Yadav, Ram Pal, Lakhan, Ravi, Ajab Singh and two unknown persons came there on Bulero and motorcycle and fired indiscriminately from rifles, guns and Tamanchas, thereby causing grievous injuries to Arvind, Devendra, Kamlesh, Suresh, Ashok and Brijesh, due to which, Kamlesh, Ashok, Devendra and Arvind succumbed to the injuries. It is also alleged in the F. I. R. that there is organized gang of Yaspal Singh etc. and due to their terror in the area nobody is ready to say anything. I have heard Sri V. C. Mishra, learned Senior Advocate assisted by Sri N. K. Sharma appearing for the appellant, Sri Viresh Mishra, leared Senior Advocate assisted by Sir M. D. Misra for the complainant and learned A. G. A. for the State. The main submission in support of the bail application made by learned counsel for the applicant is that prior to the alleged incident, which occurred on 30. 3. 2007, the applicant Yashpal Singh was in jail in connection with case of alleged recovery of arms and ammunition from his house and since there is no evidence against him about hatching conspiracy by him for committing the alleged incident on 30. 3. 2007, hence, the applicant should be granted bail in this case, because being in jail prior to 30. 3. 2007, the applicant was not in a position to render any help to other accused, who are said to have committed the alleged incident. The contention of learned counsel was that the applicant has been falsely roped in this case without any evidence of conspiracy against him for committing the alleged incident of 30. 3. 2007.
(3.) REGARDING the offence under Section 2/3 of U. P. Gangsters Act, it was submitted by learned counsel for the applicant that out of the cases shown in the gangchart, the applicant has been acquitted in some cases and he is on bail in other cases and hence, he is now entitled for bail under Section 2/3 U. P. Gangsters Act also. It was further submitted by learned counsel for the applicant that the accused persons mentioned in the F. I. R. are not the member of any gang and Section 2/3 U. P. Gangsers Act has been unnecessarily added in the F. I. R. .;