AMAR SINGH CHAUHAN,J. - (1.) Heard Sri V.M. Zaidi, Senior Advocate, assisted by Sri Pradeep Kumar Bhardwaj, learned counsel for the applicants, Sri B. Malik for the opposite party No. 2, learned AGA and perused the material on record.
(2.) The applicant, Rahul and four others. through this application moved under Section 482 Cr.P.C, have invoked the inherent jurisdiction of this Court with a prayer to quash the impugned order dated 15.1.2009 passed by Chief Judicial Magistrate, (CJM), Bulandshahr, in Case No. 417 of 2009 (State v. Rahul and others) under Sections 147, 148, 149, 307 and 506 IPC, P.S. Sikendrabad, District Bulandshahr and direct the court below to decide the bail application of the applicants on same day in the aforesaid case.
(3.) Brief facts which are requisite to be stated for adjudication of this application are that an FIR was lodged by the opposite party No. 2 on 1.8.2008 against the applicants as Case Crime No. 635 of 2008 under Sections 147, 149, 307, 506 IPC at P.S. Sikendrabad, District Bulandshahr alleging that on 30.7.2008 at about 8:30 P.M. the son of the complainant as washing his face and hand in front of his house when suddenly applicant No. 1 Rahul armed with licensee rifle, Jitendra and Naveen armed with country-made pistol, Brahampal armed with licensee gun and Indrajeet armed with country-made pistol came on public hand pump and assaulted with the help of their weapon to the complainant. It is further alleged that the bullet of the rifle armed with Rahul received to the son of complainant namely Dharmendra and all accused persons also open fire with their weapons upon Dharmendra. On hue and cry brother of the injured person came on the spot thereafter all the accused person ran away extending threat to kill. The investigating officer after concluding the investigation submitted the final report against which the opposite party No. 2 filed a protest petition along with self affidavit and of other witnesses namely Ganga Ram, Surendra, Dharmendra, Smt. Shashi Devi wife of Bhim Singh and Smt. Maya wife of Ganga Ram. The Magistrate after considering the protest petition and affidavits summoned the applicants to face the trial which is proceeded as State case.;