- (1.) RAVINDRA Singh, J. This appli cation has been filed by the applicant Chhunnu @ Chhidda with a prayer that he may be released on bail in case Crime No. 347 of 2007 under sections 147, 148, 149, 307 and 302 I. P. C. , P. S. Asmoli, District Moradabad.
(2.) HEARD Sri S. M. A. Kazmi, learned senior Advocate assisted by Sri S. M. Iqbal Hasan, learned Counsel for the applicant, learned A. G. A. for the State of U. P. and Sri Sunil Kumar Rai, Sri Rupak Chaubey and Sri S. A. Shah, learned Counsel for the complainant. It is contended by learned Counsel for the applicant that according to the prosecution version the FIR of this case has been lodged on 18. 9. 2007 at 5. 25 p. m. in respect of the incident which had occurred on 18. 9. 2007 at about 3. 00 p. m. In this case 22 persons including the applicant have been named as accused. It is alleged that on 18. 9. 2007 at about 3. 00 p. m. the first infor mant had gone to purchase some goods from the shop of Anzar where Basaruddin @ Lala had also come to purchase the fruits but the fruits were not given to credit to Basaruddin @ Lala, then he hurdled the abuses to Anzar and started mar-peet but the first informant came in rescue to pacify the dispute then he was challenged by Ba saruddin (@) Lala, thereafter, he along with other co-accused persons including the applicant having the guns and country made pistols came there, then the first in formant went to the house of his brother Qayyum. The accused persons raided the house of Qayyum, at his shouting many persons of the village came there who challenged the accused persons then the accused persons discharged the shots in discriminately. Consequently, Mohd. Riz-wan, Raish Ahmad, Anzar Husain, Suhaib, Hidayatulla and Mozammil sustained in juries in which the condition of Rais Ah mad and Mohd. Rizwan was very serious. One Zubaida was also beaten by co-accused Taufiq by the but of the gun who had also sustained injury. The FIR was lodged under sections 147, 148, 149, 307 and 302 I. P. C. but subsequently two of the injured namely Rizwan and Anzar Husain succumbed to his injuries. According to the medical examination report of Hidayatulla he had sustained three lacerated wounds, the injured Zubaida had sustained two in juries in which injury No. 1 was leniar abrasion and injury No. 2 was traumatic swelling, the injured Mohd. Suhaib had sustained three lacerated wound and in jured Muzammil had sustained two inju ries in which injury No. 1 was abraded contusion and injury No. 2 was contused automatic swelling, the injured Rais Ahmad had sustained six injuries which was lacerated wounds. The deceased Rizwan (@) Bhura was medically examined in which he had sustained three lacerated wounds and the deceased Anzar Husain @ Anjar Ah mad was medically examined on 18. 9. 2007 had sustained seven lacerated wounds. It is further contended that the al leged occurrence has taken place in a sud den quarrel, it was not pre intended. There is a cross-version of the alleged incident. The cross FIR in case Crime No. 347-A of 2007 under sections 147, 148, 149, 307, 452 and 504 I. P. C. has been lodged by co-accused Basruddin @ Lala on 18. 9. 2007 at 6. 40 p. m. in respect of the incident dated 18. 9. 2007 at about 3. 00 p. m. From the side of applicant also five persons namely Arman Jahan, Ahsan Intzar, Mohd Navi, Julfikar Akhtari and Basruddin @ Lala had sustained injuries. The medical examina tion report of Arman Jahan aged about 12 years shows that she has sustained five gun shot wound of injuries, medical examina tion report of Smt. Akhtari aged about 50 years shows that she has sustained one gun shot wound of entry and two abrasions and medical examination report of Mohd. Navi shows that he has sustained one gun shot wound of entry, the same has not been ex plained but under the pressure of the pres ent government the final report has been submitted by the I. O. in cross case against which the protest petition has been filed. The injured from the applicant side were medically examined by the police and they have sustained gun shot injuries which cannot be said to be manufactured or pro cured one and at this stage it cannot be said as to which of the party was aggressor.
(3.) IN reply of the above contention, it is submitted by learned A. G. A. and learned Counsel for the complainant that the appli cant and another co-accused persons in a pre-planned manner have committed the alleged offence. IN cross case the final re port has been submitted because the in jured of the cross case stated during inves tigation that they had sustained injuries due to firing done by the applicant side but in its rejoinder-affidavit it is submitted af fidavit by learned Counsel for the applicant that no such statement has been re corded/in the investigation of this case. It is further contended by learned Counsel for the complainant that in case the applicant is released on bail, he shall tamper with the evidence, therefore, he may not be released on bail. Considering the facts, circum stances of this case, submissions made by learned Counsel for the applicant, learned A. G. A, learned Counsel for the complain ant and without expressing any opinion on the merits of the case the applicant is enti tled to be released on bail with the below mentioned conditions. Let the applicant Chhunna @ Chhidda involved in case Crime No. 347 of 2007 un der sections 147, 148, 149, 307 and 302 I. P. C. , P. S. Asmoli, District Moradabad be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned. The applicant shall report to the Court of learned C. J. M. concerned in the first week of each month to show his good conduct and behav iour. He shall not tamper with the evi dence.;