Ravindra Singh, J. - (1.) THIS bail application has been filed by the applicant Vivekanand Tiwari with a prayer that he may be released on bail in case crime No. 1064 of 2007 in case crime Nos. 147, 148, 149, 302 and 120-B IPC and 7 Criminal Law Amendment Act and section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Cantt, District Gorakhpur.
(2.) HEARD Sri Raj Bahadur, learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Akhlanand Mishra, learned Counsel for the complainant. From the perusal of the record it appears that in this case the FIR has been lodged by Nitish Dutt Pandey on 30.6.2007 at 12.50 P.M. in respect of the incident which had occurred on 30.6.2007 at about 12.15 P.M. The distance of the police station concerned was about two and half kilometres from the alleged place of occurrence. The applicant, co-accused Guddu Mishra and co-accused Vinod Dhar Dubey are named in the FIR, three and four miscreants were unknown. It is alleged that on 30.6.2007 at about 11.45 A.M. a telephonic message was given by Suchitra Singh to the father of the first informant that the applicant was calling him. On that message the first informant along with his father boarded on a motorcycle to G.M. office. The applicant and father of the applicant is serving in the railway and both were doing the sale and purchase of the land. There was a dispute between the deceased and the applicant. As soon as the first informant and his father came to the place where the applicant and other co-accused persons were present, they were assaulted by the accused persons and at the exhortation of the co-accused Guddu Mishra, the applicant discharged the shot indiscriminately by his licensed revolver and other co-accused persons also discharged the shots by country made pistols upon the deceased consequently the deceased sustained injuries and fell down and died instantaneously. According to the postmortem examination report the deceased has sustained seven ante-mortem injuries. The co-accused Vinod Dhar Dubey has been released on bail by the another Bench of this Court on 12.9.2007 in Criminal Misc. Bail Application No. 20348 of 2007 and the co-accused Guddu Mishra @ Sachchi-danand Mishra has also been released on bail by this Court on 10.1.2008 in Criminal Misc. Bail Application No. 1684 of 2008. Considering the ground of parity with co-accused Vinod Dhar Dubey and co-accused Sonu Tiwari have also been released on bail by this Court on 4.1.2008 in case crime No. 165 of 2008. The case of the applicant is distinguishable with the case of other co-accused. The applicant was having strong motive and the deceased had sustained gun shot injuries, therefore, the applicant is not entitled for bail. The prayer for bail is refused. Accordingly this application is rejected. Application Rejected.;