Vijay Kumar Verma, J. - (1.) PRAYER for bail in this application under Section 439, Code of Criminal Procedure has been made on behalf of the applicant Satish alias Pappu Pradhan, son of Saroopa Gurjar, in Case Crime No. 128 of 2007 under Sections 147, 148, 149, 364, 302, 120B and 201, I.P.C., P.S. Agauta district Bulandshahr.
(2.) IN the intervening night of 8/9.7.2007 murder of three persons, namely Ranveer Singh, Prakash and Budh Prakash, all residents of village Neemchana, district Bulandshahr, was committed. On 9.7.2007 in the morning, a telephonic message was received at P.S. Agauta, whereby it was informed by Guddu, resident of Neemchana, that Bitoras situated outside the village are burning, in which one person is also burning. This information was lodged in G.D. No. 9 on 9.7.2007 at 7.00 a.m. and thereafter S.O. Mukut Singh alongwith other police personnel reached village Neemchana, where Smt. Ramwati wife of Prakash and her son Mukesh told the police that incident had taken place with their family members in their Gher. On getting this information, the police force alongwith Smt. Ramwati and her son Mukesh as well as many villagers, reached the place where Bitoras were burning, in which burning dead body of a person was seen. With the help of villagers, the fire was extinguished and partly dead bodies of two persons were taken out. On seeing those burnt dead bodies, Smt. Ramwati told that the dead bodies are of his husband Prakash and son Rakesh alias Teetu. Smt. Ramwati then got a written report scribed on the spot from Satendra Kumar and handed over the same to S.O.P.S. Agauta. On the basis of that report, an F.I.R. (Annexure -2) was registered at P.S. Agauta on 9.7.2007 at 8.50 a.m. and a case under Sections 364, 302 and 201, I.P.C., was registered at Crime No. 128 of 2007 against (1) Anil Jat, (2) Devendra Singh, (3) Amit, (4) Manoj Gurjar and (5) Satish alias Pappu Pradhan (applicant -herein). The allegations made in the F.I.R. in brief, are that in the intervening night of 8/9.7.2007 at about mid night, the accused persons named above abducted Prakash, Rakesh alias Teetu and Budh Prakash, who have been murdered and the dead body of Prakash and Rakesh have been burnt in the Bitoras, but dead body of Budh Prakash is not traceable. On the same day at 10.00 a.m., another F.I.R. (Annexure -6) was lodged by Ram Kumar at P.S.B.B. Nagar, (Bulandshahr), where a case under Section 302, I.P.C. was registered at Crime No. 139 of 2007 against unknown person. The allegations made in this F.I.R., in brief, are that on 9.7.2007 at about 7.00 a.m. the complainant Ram Kumar, son of late Sri. Bijendra Singh, resident of village Saidpur, was coming to his house after keeping watch of his tube -well and on reaching Saidpur road, he saw that a dead body of a person was lying on the patri of road, whose murder has been committed by causing him firearm injury. It is also stated in this F.I.R. that when complainant was keeping watch of his tube well, he had heard a sound of fire in the morning at about 5.00 a.m.
(3.) ON that very day, one more F.I.R. was lodged by Manoj Kumar, son of the deceased Ranveer, at 9.10 a.m. at police station Agauta, where a case under Section 364, I.P.C. was registered at Case Crime No. 128A of 2007 against (1) Anil Jat, (2) Devendra, (3) Amit, (4) Manoj, and (5) Satish alias Pappu Pradhan (applicant herein). The allegations made in this F.I.R., in brief, are that in the intervening night of 8/9.7.2007, the accused persons named above, abducted Ranveer Singh, father of the complainant at about 2.30 a.m.;