GIRRAJ Vs. NARENDRA @ MUNDER

JUDGEMENT

(1.) Leave granted.

(2.) By an order dated 5 August 2020, a Single Judge of the High Court of Judicature at Allahabad enlarged the first respondent on bail in connection with Case Crime No 414/2019 registered under Sections 147, 148, 149, 302, 307, 323, 326, 341 and 506 of the Indian Penal Code at Police Station Rabupura, Gautam Budh Nagar, Uttar Pradesh. The State of Uttar Pradesh has been impleaded as the second respondent.

(3.) The appellant is the original complainant whose sons, Gajendra aged 34 years and Akash aged 22 years, were killed. Two other persons, Sunil and Jeetu, out of the four others present along with the deceased, are alleged to have been seriously injured in the course of the incident. The first information report[1] was lodged on 30 November 2019 at 1743 hours. The FIR refers to the fact that there was an enmity between the accused and, the complainant and his sons due to party politics. The FIR mentions an earlier incident on 24 October 2019, when five of the accused (Sundar, Dharmendra, Monu, Kiranpal and Ompal) had attacked Akash at Chambe in Mirzapur with an intent to kill him. Akash had allegedly sustained a head injury after being assaulted with an iron rod and fire-arm injury in respect of which a first information report was lodged. Two of the accused (Rakesh and Satish) had also allegedly assaulted the appellant's sons in the morning of 29 November 2019 and threatened them with death. The incident concerning the present case is alleged to have taken place at night, on 29 November 2019. One of the deceased, Gajendra, the son of the appellant, was conducting a gym and after closing his establishment, he was proceeding in his vehicle from village Rabupura to village Rampur Bangar together with Akash, who was in another vehicle. Two other persons, Sunil and Deepak are alleged to have been in a third vehicle. Jeetu and Subhash were proceeding in a fourth vehicle. When these persons reached a particular spot at around 8:30 pm, their passage was found to be blocked by a bullock cart. The eight accused, including the first respondent, were allegedly present at the spot armed with rifles, guns and country-made pistols for an ambush. They are alleged to have surrounded the four vehicles with an intention of assaulting the complainant's sons. Accused Mulla is alleged to have fired with his rifle at Gajendra, while accused Bhupan is alleged to have fired with his rifle at Akash. Both Gajendra and Akash were killed on the spot. Sunil and Deepak who were in the third vehicle are alleged to have got down after seeing the occurrence. Jeetu and Subash also came out of the fourth vehicle. Among the injured were Sunil and Jeetu. After the FIR was lodged, the first respondent was arrested on 6 December 2019.