Shiv Shanker - (1.) THIS first bail application has been filed on behalf of applicant Abrar involved in Case Crime No. 88 of 2006, under Sections 452, 302 and 307, I.P.C., P.S. Bhawanpur, District Meerut.
(2.) HEARD learned counsel for the applicant and learned A.G.A. and Sri S. Shahnawaz, learned counsel for opposite party. Prosecution case in brief is that Sazid lodged the F.I.R. on 29.5.2006 at about 2.05 a.m. regarding the alleged incident occurred on 29.5.2006 at about 1.30 a.m. against four accused persons namely Ikram, son of Babu, Abrar son of Babu, Manzoor son of Jamal Ali and Babu son of Maseeta who are residents of village Jai, P.S. Bhawanpur, Meerut, wherein it has been alleged that on 28/29.5.2006 in the night, the informant Sazid was sleeping upon roof of a shop and his maternal uncle Intjar and his brother Haroon were sleeping in gher of his family. The informant heard the voice of talking at the gate of gher, upon which he awoke and saw that Ikram, Abrar present applicant entered in his gher. Accused Manjoor and Babu were standing at the gate of gher. Babu has said Ikram and Abrar that today is good chance to take revenge of committing murder of Iftkhar. Thereafter, accused Ikram shot fire with country made pistol of 315 bore on the kanpati of Intazaar and Haroon had run away from his cot after hearing the voice of country made pistol, then accused Babu said that he should not be saved, upon which Abrar shot fire upon Haroon with gun. Consequently, he fell down. After hearing voice of firing, Mohd. K. Abdul, wife of Haroon and other persons reached there. After seeing them they fled away from the place of occurrence. Intazaar had died on the spot due to sustaining injuries in the alleged incident and injured Haroon was taken by the informant in the concerned police station for lodging the F.I.R. where written report were submitted in the concerned police station for the lodging the F.I.R. against them. Learned counsel for applicant submitted that this case was being investigated by the local police of concerned police station and the Investigating Officer has collected evidence that injured Haroon and informant Sazid themselves caused injuries on the person of deceased and injured. According to the planning made with others, several accused persons named in the F.I.R. could be implicated as they are not ready to compromise in murder case of Iftkhar, wherein complainant party are accused. In this regard, Abdul Ali (eye-witness), Safayat, Jalis, Afsar (former Pradhan) and others gave the statements before the Investigating Officer. Sazid (informant) had made extra-judicial confession before Afsar (former Pradhan) and admitted his guilt to commit murder of deceased by them. Statement of Sahadat was also recorded who also stated that Haroon injured committed murder of deceased by making planning with one Safayat. Statement of injured Haroon was recorded by the first Investigating Officer. He stated that he did not see commission of murder of Intazaar. Ikram was only standing near the cot. After completion of investigation, the Investigating Officer submitted the charge-sheet against Sazid, Haroon and Safayat. It is further contended that after filing of charge-sheet, investigation was transferred to the C.B.C.I.D. by order passed by the High Court. Thereafter, the second Investigation Officer of C.B.C.I.D. submitted the charge-sheet against the present applicant alongwith three others who were named in the F.I.R. There is no other evidence against the present applicant. There was no motive to commit murder of deceased and causing injuries on the person of Haroon. Case regarding murder of Iftkhar was pending. Several witnesses have stated that they have not seen the incident and first informant injured and others committed murder of deceased causing injuries on Abrar. However, they have been charge-sheeted by C.B.C.I.D.
(3.) ON the other hand learned A.G.A. and learned counsel for complainant submitted that this is the case of direct evidence, wherein one person was shot dead and one person sustained fire arm injury which is grievous according to medical report. The F.I.R. has been lodged promptly against the present applicant. It is supported with the post-mortem report of the deceased and injury report of injured. It is further contended that accused applicant is very influential person and under his influence and political pressure, local police is in favour of accused persons. Instead of arresting the accused persons, local police tried to arrest injured Haroon and other persons. Thereafter, Haroon injured and others approached this Court and moved the writ petition for getting their arrest stayed and this Court had stayed their arrest looking to the peculiar facts. Thereafter, this Court has transferred the case to C.B.C.I.D. for proper investigation. It is further contended that on the date, on which order for transferring the investigation to C.B.C.I.D. was to take place, on that very day, the police submitted charge-sheet against the applicant and others. Thereafter, this Court had stayed effect and operation of charge-sheet and directed the C.B.C.I.D. to investigate the matter and the C.B.C.I.D. conducted the investigation and ultimately submitted the charge-sheet against the real accused persons named in the F.I.R. It is further contended that accused persons evaded their arrest for long and the C.B.C.I.D. declared a reward of Rs. 2,500 each on the three persons namely Abrar, Ikram and Babu and the remain absconding for about six months. It is further contended that the accused persons are the hardened criminals and the bully of the locality and are having such influence that they virtually succeeded in implicating the injured and other persons as accused and if this Court would not have directed the investigation by the C.B.C.I.D., then the injured and other persons would have been behind the bar. This incident had allegedly taken place on 29.5.2006 at 1.30 a.m. in the mid night and F.I.R. was lodged on the same night on 29.5.2006 at 2.05 a.m. against the present applicant alongwith three other co-accused persons after covering distance of four kilometers. Therefore, the F.I.R. has been lodged by the informant Sazid on the same night within 35 minutes. Therefore, it has been lodged promptly without any delay. Motive of this case is that Iftkhar was murdered about one year ago in the alleged incident, where Haroon (injured), Sajeed (informant) and Saroon who are real brothers, have been implicated in this case, wherein Saroon has not been bailed out and he was in jail at the time of alleged incident. Iftkhar was son of co-accused Babu. Therefore, prosecution case is probable that accused persons committed murder of deceased and caused injury on the person of Haroon for taking revenge of murder of Iftkhar, son of Babu and therefore, motive also goes against accused persons.;