Ravindra Singh, J.@mdashThis application has been filed by the applicant Bauna with a prayer that he may be released on bail in case crime No. 254 of 2007 in case crime Nos. 147, 148, 149 and 302 I.P.C. P.S. Nangal, district Saharanpur.
2. The fact of the case in brief are that the F.I.R. of this case has been lodged by Ismail on 30.11.2007 at 12.35 p.m. in respect of the incident which had occurred on 30.11.2007 at 11.30 a.m. It is alleged that the deceased Shaukat Rana was Pradhan of the village, he was residing at Saharanpur city, he was invited by Ummed Ali in his daughter''s marriage where he had come on 30.11.2007, the marriage function was going on at about 11.30 a.m., the brother of the bride in a jubilant mood discharged shot by a country made pistol but the same was missed at that time a shot was discharged all of a sudden which hit Parves brother of the bride, thereafter, the deceased went to the house of Mulla Maqsood and was sitting in a room of the first floor, at about 10 minutes thereafter, the applicant and six other coaccused persons armed with balkati, sword, lathi and danda entered into the house of Maqsood who dragged out the deceased from the room to courtyard and caused injuries by their respective weapon. Consequently, the deceased fell down thereafter, a stone blow was also used in causing injuries on his head. According to the postmortem examination report, the deceased has sustained 15 antemortem injuries.
3. Heard Sri Rajeev Sisodia and Sri Atul Sisodia, leaned Counsel for the applicant, learned A.G.A. for the State of U.P.and Mohd Shoeb Khan, and Sri S. Shah nawaz, learned Counsel for the complainant.
4. It is contended by the learned Counsel for the applicant that the alleged occurrence has taken place in a dark hour of night, the alleged incident has been committed by some unknown persons but due to ill will of the first informant the applicant has been falsely implicated. According to the F.I.R. there is general role of causing injury by balkati, sword, lathi and danda blows, no specific weapon has been shown in the hand of the applicant. During investigation the statement of witness Mustafa and two other witnesses were recorded, according to their statements the role of catching hold was also assigned to the applicant whereas the role of causing injury was assigned to other accused person. According to their statements the applicant has not caused any injury on the person of the deceased. He is innocent, he is not having any criminal antecedent. Therefore, he may be released on bail.
5. In reply to the above contention, it is submitted by the learned A.G.A. and the learned Counsel for the complainant that the applicant and other coaccused persons have committed the murder of the deceased in a preplanned manner entering into the house of Maqsood. The deceased was dragged out to courtyard by the coaccused persons where he was done to death, after lodging the F.I.R. the statements of the first informant and two other witnesses were recorded, according to their statements, the applicant also actively participated in causing injuries on the person of the deceased but after 5 days of the alleged incident, the statement of Mustafa and two other witnesses were recorded in which it was mentioned in the last that the role of catching hold of the deceased at the time of alleged incident, the gravity of the offence is too much. In case, the applicant is released on bail, he shall tamper with the evidence.
6. Considering the facts and circumstances of the ease, submission made by the learned Counsel for the applicant and the learned A.G.A. and the learned Counsel for the complainant, and considering the gravity of the offence, and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. The prayer for bail is refused.
7. Accordingly this application is rejected.
