- (1.) RAVINDRA Singh, J. This application has been filed by the applicant Altaf with a prayer that he may be released on bail in Case Crime No 138 of 2007 under sections 147, 148, 149, 302/34 and 120-B I. P. C. P. S. Sarsawa district Saharanpur.
(2.) THE facts in brief of this case are that the F. I. R. of this case has been lodged by the first informant Arshad on 28. 7. 2004 at 10. 40 p. m. in respect of the incident which had occurred on 28. 7. 2004 at about 8. 00 p. m. , distance of the police station was about km from the alleged place of occurrence. THE applicant and five other co-accused are named in the F. I. R. It is alleged that the deceased Ghafoor after offering the Namaz from the mosque came to his house at about 8. 00 p. m. where the applicant and other co-accused persons were already standing and waiting the arrival of the deceased, due to old enmity they caused injury on the person of the deceased by using sword and sariya blow. THE deceased in an injured condition was being taken to Saharanpur, he succumbed to his injuries in the way. During investigation it has been specifically alleged by the first informant that the applicant has caused injury by the country made pistol, sword and sariya and at the pointing out of the applicant one Chhuri like sword has been recovered and the deceased has sustained 17 ante-mortem injuries in which 12 injuries were incised wounds, four injury were gun shot wounds of entry and one injury was gun shot wound of exit. The applicant applied for bail before the learned Sessions Judge, Saharanpur, who rejected the same on 30. 10. 2007 being aggrieved from the order dated 30. 10. 2007, the applicant has filed the present bail application. Heard Sri M. L. Rai, learned Counsel for the applicant, learned A. G. A. for the State of U. P.
(3.) IT is contended by the learned Counsel for the applicant that the alleged occurrence has taken place in the dark hour of night, the applicant is an innocent person, he has not committed the alleged offence. There is general allegation against the applicant and five other co-accused persons that they caused injury by using Talwar and Sariya blow. According to the F. I. R. the material improvement has been made by the first informant in his statement recorded under section 161 Cr. P. C. that the injuries were caused by the country made pistol, Talwar and sariya blow because the deceased has sustained gun shot injury also. There is no injury caused by sariya blow and no specific weapon has been shown in the hand of the applicant and the co-accused Rao Safeek has been released on bail by another bench of this Court on 25. 7. 2007 in criminal misc. bail application No. 14168 of 2007, the applicant is not having any criminal antecedent, therefore, he may be released on bail. In reply of the above contention, it is submitted by the learned A. G. A. that the applicant and other co-accused person committed the murder at the house of the deceased by using country made pistol, sword, and sariya blow at the pointing out of the applicant one Chhuri having the shape of Sword has been recovered, the deceased has sustained 12 injuries, the case of the co-accused Rao Safeek is distinguishable with the case of the applicant, because he has been released on bail.;