- (1.) RAVINDRA Singh, J. This bail application has been filed by the applicants Chunnu @ Ranvijay Singh and Balwant Singh with a prayer that they may be released on bail in case crime No. 901 of 2007 under sections 147,148,149,307,302, 323,504,506 IPC, P. S. Rani Ki Sarai, district Azamgarh.
(2.) THE facts in brief of this case are that the FIR of this case has been lodged by Ram Janam Singh on 21. 10. 2007 at 10. 15 A. M. in respect of the incident which had occurred on 21. 10. 2007 at about 9. 15 A. M. THE applicant and seven other co-accused are named in the FIR. It is alleged that the first informant along with his family members was sitting at his Baithak, in the meantime due to enmity of the election of Pradhan the applicants and other co-accused persons armed with fire arms, lathi and danda came there and hurled the abuses and threatened to kill all the persons, considering the same the first informant and his family members ran towards north side to save their lives. When they reached in front the house of Shyam Narain Singh where the co-accused Bipin Singh discharged the shot by licenced rifle which hit the deceased Talukedar Singh. THE co-accused Rajesh Singh discharged the shot by licence revolver of co-accused Bipin Singh which hit the deceased Paras Nath Singh. THEreafter co-accused Bipin Singh, co-accused Rajesh Singh and applicants discharged the shot indiscriminately. THE first informant was also caught hold by Arvind, Loknath Singh and Radhey Shyam Singh and he was beaten by lathi and Danda, consequently he sustained injuries, at their shouting Ankit Singh and Ashish Singh came in their rescue, on their presence also the gun shots injuries were caused. THEreafter Dharmendra Singh, Vimal Singh, Ram Darash Singh and other persons came at the place of the occurrence. THE deceased Talukedar Singh and Paras Nath Singh died on the spot instantaneously. According to post-mortem examination report of the deceased Talukedar Singh, he had sustained five ante mortem injuries, in which injuries No. 1, 2 and 5 were gun shot wounds of entry. Injuries No. 2 and 4 gun shot wounds of exit and the deceased Paras Nath Singh had sustained seven ante mortem injuries in which injuries No. 3 and 5 were gun shot wounds of entry and injuries No. 2, 4 and 6 were gun shot wounds of exit and injury No. 7 was lacerated wound. According to the medical examination reports the first informant Ram Janam Singh had sustained eight injuries caused by hard and blunt object. THE injured Ankit Singh had sustained two injuries and injured Ashish Singh had sustained eight injuries in which injury No. 1 was fire arm wound of entry having its exit wound, injurit No. 2, 3, 4,5 and 6 were lacerated wounds, injury No. 7 was contusion and injury No. 8 was fire arms wound of entry. THE applicants applied for bail before the learned Sessions Judge, Azamgarh who rejected the same on 9. 1. 2008, being aggrieved from the order dated 9. 1. 2008 the applicants have moved the present bail application. Heard Sri Satish Trivedi, Senior Advocate assisted by Sri Shiv Ram Singh and Sri Sanjay Kumar Yadav, learned Counsel for the applicants, learned A. G. A. for the State of U. P. and Sri V. P. Srivastava, Senior Advocate assisted by Sri Lav Srivastava, Sri Rahul Misra and Sri V. K. Singh Parmar, learned Counsel for the complainant. It is contended by learned Counsel for the applicants that applicants are innocent, they have not committed'the alleged offence. According to FIR there is specific allegation against the co-accused Bipin Singh causing the fire arm injury on the person of the deceased Talukedar Singh and against co-accused Rajesh Singh causing the fire arm injury on the person of the deceased Parash Nath Singh. It was alleged that the applicants and two other co-accused persons also discharged the shots indiscriminately but it has not been specifically alleged in FIR that shot discharged by the applicants hit the deceased or injured persons and it has been specificaclly alleged that the applicants Chunnu @ Ranvijay Singh was armed with SBBL gun and co-accused Bipin Singh was armed with licency rifle and co-accused Rajesh Singh was armed with Katta and the remaining co-accused including the applicants Balvant Singh were armed with lathi and danda. There is no allegation against the Balwant Singh that he had caused any injury on the person of the deceased. Even it has not been specified that he has caused any injury on the person of the first informant. There is cross version of the alleged incident also. From the side of the applicant the co-accused Bipin Singh has lodged the FIR on 21. 10. 2007 in respect of the incident which had occurred on 21. 10. 2007 at about 9. 00 A. M. The FIR has been lodged against eight persons including the deceased. In that incident the co-accused Bipin Singh had sustained gun shot injury and the co-accused persons were snatching the rifle and revolver, in that scuffle shots were discharged. In that incident co-accused Bipin Singh, co-accused Rajesh Singh and Pankaj Singh had sustained injuries. The co-accused Bipin Singh was medically examined on 21. 10. 2007, he had sustained three injuries in which injury No. 1 was on the left knee, injury No. 2 on the abdomen and injury No. 3 was contusion. According to the X-ray report Radio Opec Shadow was found on the left thigh, Loknath Singh was medically examined on 21. 10. 2007, he had also sustained -injuries. Shiv Das Singh was also medically examined but no injury was seen on his person. Radhey Shyam Singh was also medically examined who had sustained three injuries caused by blunt object. Tarkeshwar Singh was also medically examined who had sustained four injuries. Pankaj Singh was medically examined, who had sustained one injury and Ramesh Singh was also medically examined who had sustained head injury. Prosecution has not come with clean hands and at this stage it is not possible to consider as to which of the party was aggressor. The applicants are not having any antecedent.
(3.) IN reply of the above contention, it is submitted by learned A. G. A. and learned Counsel for the complainant that in the present case two persons have lost their lives and three persons sustained injuries. IN the said incident from the side of the applicants nobody had sustained injuries but subsequently the injury reports have been procured, its genuineness is also highly doubtful and in the cross case it has been admitted mat in the scuffle the firing was done by the revolver and rifle which shows that from the side of the applicant there is attempt of causing the injuries to the prosecution side, therefore, partition of the applicants in commission of the alleged offence is not doubtful. During investigation it has been specificaclly alleged that the applicants Chunnu @ Ranvijay Singh and Balwant Singh had discharged the shots by country made pistols, therefore, the applicants may hot be released on bail. Considering the facts, circumstance of the case, submissions made by learned Counsel for the applicant, learned A. G. A. , learned Counsel for the complainant, considering the gravity of the offence and without expressing any opinion on the merits of the case the applicants are not entitled for bail. The prayer for bail is refused. Accordingly this application is rejected. Application Rejected. .;