Ravindra Singh - (1.) -This application has been filed by the applicant Om Pal with a prayer that he may be released on bail in Case Crime No. 238 of 2006 under Sections 147, 148, 149, 307, 324 and 302, I.P.C. P. S. Kundarki District Moradabad.
(2.) THE facts in brief of this case are that the F.I.R. of this case has been lodged by Vijendra Singh on 15.3.2006 at 7.00 p.m. in respect of the incident which had occurred on 15.3.2006 at about 3.30 p.m., the applicant and 11 other accused are named in the F.I.R., the distance of the police station was about 9 km. from the alleged place of occurrence. It is alleged that on 15.3.2006 at about 3.30 p.m., first informant, the deceased Nanhey Singh, Satveer Singh, Manohar Singh, Galke Singh, Ranveer Singh and Bant Singh, were sitting at the baithak of the first informant, then the applicant and other co-accused persons armed with lathi, tabal, kassi, knife and gun came there and at the exhortation of the co-accused Maya Ram, the applicant and other co-accused persons made murderous assault, the first informant and other persons, who were sitting there, made an attempt to save their lives, then the co-accused Vijai discharged shots by his gun and asked not to leave the place but nobody has sustained any gun shot injury. THEreafter, the deceased Nanhey Singh, was assaulted by the applicant, co-accused Vishesh, and co-accused Omkar, the applicant caused injury by using knife blows, co-accused Vishesh caused injury by using kassi and the co-accused Ompal caused injury by using tabal blow, consequently, he became seriously injured in the said incident, the first informant, Vijendra Singh, Manohar Singh, Satvir Singh and Kulwant Singh also sustained injury and the injured persons were taken to the District Hospital, Moradabad where the deceased Nanhey Singh was declared dead. According to the post mortem examination report the deceased Nanhey Singh had sustained six injuries in which injury No. 1 was abrasion, injury No. 2 was incised wound on the palmer aspect of the left hand, injury Nos. 2, 5 and 6 were contusion and injury No. 4 was stab wound on the back of right side abdomen. According to the medical examination report of the injured Vijendra Singh, he had sustained four injuries, which were caused by hard and blunt object, injured Satvir Singh had sustained two injuries, both were caused by the blunt object, injured Kuldeep sustained two injuries, both were caused by blunt object and the injured Malkhan had sustained three injuries, which were caused by blunt object. The applicant applied for bail before Sessions Court, Moradabad, the same was rejected on 5.4.2008 by the learned Additional Sessions Judge, Court No. 4, Moradabad, being aggrieved from the order dated 5.4.2008 the present bail application has been filed by the applicant.
(3.) HEARD Sri G. S. Sengar and Sri Dhirendra Singh learned counsel for the applicant, learned A.G.A. for the State of U. P. and Sri Manoj Kumar and Sri Girish Kumar Yadav, learned counsel for the complainant. It is contended by the learned counsel for the applicant that the applicant was having no motive to commit the alleged offence, the number and the nature of the injuries of the deceased and the injured persons show that the same was not caused as alleged by the prosecution. It is alleged that the injuries were caused on the person of the deceased by using kassi, knife and tabal blow. The kassi is also a weapon which caused stab wound. The deceased has sustained one stab wound, it has not been specified as to whose blow caused the stab wound, whereas it is alleged that the applicant was armed with knife, other injured person have sustained injuries caused by hard and blunt object, which were not caused by the applicant. The applicant has been falsely implicated with oblique motive because one Sompal Singh, real brother of the applicant was issueless, he had died, his property would be automatically inherited by the applicant and his brother just to grab the property of Sompal the applicant has been implicated, the recovery of knife at the pointing out of the applicant has been planted by the I.O. by alleging the same recovery from the field of wheat, which was an open place accessible to all and the recovery of the weapon kassi has been made at the pointing out of the co-accused Vishesh. The trial of the case is in progress, statement of P.W. 1 Vijendra Singh has been recorded by the trial court, which is not reliable at all, the applicant is having no criminal antecedent, in case, he is released on bail he shall not tamper with the evidence.;